6 at the usual place without the Tower-gate, tout fiat executio Judicii prædicti, modo et forma the sheriffs of London and Middlesex; and the dictis Vicecomitibus London et Middleprout other being for them then and there to receive sex, per aliud breve postrum prædictum præhim into their custody, and to lead him to the cipimus; Et hoc nullatenus omittas, sub usual place upon Tower-hill, and there to cause 'periculo incumbente; aliquo Judicio, Lege, his head to be cut off, and severed from hisOrdinatione, seu mandato præantea habit', body which writs were in form following: 'fact', ordinat', seu dat' in contrarium non ob'stante. Teste meipso apud Westm. decimo octavo die Decembris, Anno regni nostri BARKER.' tricesimo secundo. < Carolus Secundus Dei gratia Angliæ, Scotia, Franciæ, et Hiberniæ Rex, fidei defensor, &c. 'Locumtenenti Turris nostræ London salutem : 'Carolus Secundus Dei gratia Angliæ, Scotia, Franciæ, et Hiberniæ Rex, fidei defensor, &c. Cum Willus Vicecomes Stafford, per Communes Regni nostri Angliæ in Parliamento Vic. London et Vic. Middlesex salutem: Cuin assemblat', de alta proditione necnon diversis Willus Vicecomes Stafford, per Communes < aliis criminibus et offensis per ipsum perpetrat' regni nostri Angliæ in Parliamento assemblat', et commissis, impetit' fuit, ac superinde per de alta proditione, necnon diversis aliis crimi'Dominos Temporales in præsenti Parliamento 'nibus et offensis per ipsum perpetrat' et com' nostro convent', triat', convict' et debita juris missis impetit' fuit; ac superinde per Dominos 'forma attinct' fuit, et morti adjucat' existit; Temporales in præsenti Parliamento nostro 'cujus quidem Judicii executio adhuc restat 'convent', triatus, convict' et debita juris forma 'facienda. Cumq; prædictus Vicecomes Staf'attinct' fuit et morti adjudicat' existit; cujus 'ford in Turri nostra London, sub custodia tua 'quidem Judicii executio adhuc restat facienda; 'detent' existit: Præcipimus tibi et per præ'Præcipimus vobis, et per præsentes firmiter 'sentes firmiter injungendo mandamus, quod in injungendo mandamus, quod in et super viceet super vicesimum nonum diem instantissimum nonum diem hujus instantis Decembris, 'mensis Decembris, inter horas nonam et unde'cimam, ante Meridiem ejusdem diei, ipsum Vicecomitem Stafford, usq; locum usualem ' extra portam Turris prædictæ ducas; ac ipsum, "Vicecomitibus Civitatis nostræ London et 'Middlesex, adtunc et ibidem deliberes : Qui'bus quidem Vicecomitibus nos per aliud breve ' eis inde direct', præcipimus prædictum Vicecomitem Stafford adtunc et ibidem recipere, there are anecdotes that the bribes were not received by him but by his servants, and that he was either totally ignorant of them, or at worst no otherwise blameable than by not exerting himself to prevent the practice, and that his confession proceeded merely from an apprehension of exasperating government, and aggravating his own punishment by a denial. Pliny relates an anecdote of this sort: Con. 'fessus est (sc. Licinianus) quidem incestum. 'Sed incertum utrùm quia verumerat; an quia graviora metuebat, si negâsset. Fremebat enim Domitianus, æstuabátque ingenti invi'diâ, destitutus.-Celer, cui Cornelia objiciebatur, cùm in comitio virgis cæderetur, in hâc voce perstiterat; Quid feci? Nihil feci. Ardebat ergo Domitianus, et crudelitatis et iniquitatis infamiâ. Arripit Licinianum. Ille, ab iis quibus erat curæ, præmonetur, si comitium et virgas pati nollet, ad confessionem confugeret, quasi ad veniam fecit-Locutus est pro absente Herennius Senecio, tale quiddam, quale est illud, Kurus Hargexhos: [See the Iliad, Book 18, line 20.] Ait enim, Ex advocato nuncius factus sum. Recessit Lici'nianus. Gratum hoc Domitiano; adeò ut 'gaudio proderetur, dicerétque, absolvit nos Licinianus. Adjecit etiam non esse verecundiæ ejus instandum. Ipsi vero permisit si quâ posset ex rebus suis rapere antequam 'bona publicarentur, exiliúmque molle, velut 'præmium, dedit." 'inter horas nonam et undecimam, ante meri diem ejusdem diei, dictum Vicecomitem 'Stafford, extra Portam Turris nostræ London, vobis tunc et ibidem deliberandum, prout per ' aliud breve Locumtenenti Turris nostræ 'London directum præcepimus, in custodiam ' vestram adtunc et ibidem recipiatis, et ipsum 'sic in custodia vestra existentem, statim usque usualem locum super le Tower-hill ducatis ac caput ipsius Willi. Vicecomitis Stafford, 'adtunc et ibidem amputari, ac a corpore suo ' omnino separari faciatis ; aliquo Judicio, Lege, 'Ordinatione, seu Mandato præantea habit', 'fact', ordinat', seu dat' in contrarium, non ob. stante: Et hoc (sub periculo incumbente) 'nullatenus omittatis. Teste meipso apud 'Westm. decimo octavo die Decembris, Anno regni nostri tricesimo secundo. BARKER.' There were two Writs to the Sheriffs, both alike verbatim, one delivered in London, the other in Middlesex. Whereupon the Sheriffs doubting whether that was a sufficient authority for them to execute the prisoner by beheading only, the sentence of death being otherwise given, petitioned the Lords in parliament to take the premises into consideration, and to make such Order as should be agreeable to right and justice, as by the following Petition appears. of the Commons in Parliament assembled, and 'commanding your Petitioners to cause the 'said viscount Stafford's head to be severed 'from his body upon the 29th day of this instant Dec., notwithstanding any judgment, law, ordinance, or command to the contrary: That your Petitioners have not as yet received any command from your lordships for executing the said judgment. May it there 'fore please your lordships to take the premises 'into consideration, and to make such order ❝ therein, as shall be agreeable to right and jus'tice. And your Petitioners shall pray, &c.' Upon which the Lords did declare as followeth December 23, 1680. Resolved, &c. That this House is content 'that the Sheriffs of London and Middlesex 'do execute William late viscount Stafford, by ' severing his head from his body only.' Accordingly, on the Wednesday following, being the 29th of December, between nine and ten in the forenoon, the two sheriffs, with a considerable number of gentlemen on horseback, went to the Tower-gate, and there demanded William Howard, late viscount Stafford; when a gentleman belonging to the Lieutenant of the Tower, told the Sheriffs, That the Lieutenant would wait on them presently, and bring the prisoner to the bars: To which the sheriffs answered, That they must preserve the privileges and bounds of the city: An officer replied, Sir, We were ordered to draw up two companies from the gate to the bar, and there you are to receive the prisoners.' Sheriffs. Gentlemen, we will preserve the liberties of the city: And we are come at the gate to demand the prisoner; whether the Lieutenant will deliver him or no, we demand For the debates in the House of Commons concerning the king's power to vary the execution, see 4 Cobbett's Parl. Hist. 1261. Mr. Fox speaking of the fatality as it were,with which in the transactions relative to the Popish Plot men's minds were divested of all their wonted sentiments of justice and humanity; observes, that "even after the condemnation of Stafford, lord Russel himself, whose character is wholly (this instance excepted) free from the stain of rancour or cruelty stickled for the severer mode of executing the sentence, in a manner which his fear of the king's establishing a precedent of pardoning in cases of impeachment, (for this no doubt was his motive) cannot satisfactorily excuse." Fox's James II. : him. And accordingly, he was delivered to the sheriffs between the gates and the bars. Before the prisoner came, several people were upon the scaffold, among which were two appointed to write. The headsman came up with two blocks, one old, one new, in a bag; also the axe covered with a cloth. The new block being taken out, was covered over with black, and laid upon a piece of black bays, about two yards and a half long, upon which the prisoner was to stretch himself. Then the coffin was brought up, being coloured with two letters, W. S. 1680. Then the prisoner came upon the scaffold, and asked for the esecutioner; upon his appearing, he asked him, If he had received money for the cloaths? being answered, No, his man took out a pune of 5., which the beadsman objected against, and the prisoner gave him two guineas more. After a short pause, he stepped to one side of the scaffold, and taking a Paper out of his pocket, read it as his Speech, [Which came out the very same day, before two of the clock, m print, as his Speech] and was as follows: "By the permission of Almighty God, I am this day brought hither to suffer death, as if I were guilty of high-treason. I do most truly, in the presence of the eternal, omnipotent, and all-knowing God, protest, upon my salvation, That I am as innocent as it is possible for any man to be, so much as in a thought, of the crimes laid to my charge. "I acknowledge it to be a particular grace and favour of the Holy Trinity, to have given me this long time to prepare myself for eternity. I have not made so good use of that grace as I ought to have done, partly by my not having so well recollected myself as I might have done, and partly, because not only my friends, but my wife and children have for several days been forbidden to see me, but in the presence of one of iny warders. This hath been a great trouble and distraction unto me, but I hope God of his infinite mercy will pardon my defects, and ac cept of my good intentions. Since my long imprisonment, I have considered often, what could be the original cause of my being thus accused, since I knew myself not culpable, so much as in a thought; and I cannot believe it to be upon any other account than my being of the church of Rome. I have no reason to be ashamed of my religion, for it teacheth nothing but the right worship of God, obedience to the king, and due subordination to the temporal laws of the kingdom. And I do submit to all articles of faith believed and taught in the Catholic church, believing them to be most consonant to the word of God. And whereas it hath so much and often been objected, That the church holds that sovereign princes, excommunicated by the pope, may, by their subjects, be deposed or murdered: As to the murder of princes, I have been taught as a matter of faith in the Catholic church, that such doctrine is diabolical, horrid, detestable, and contrary to the law of God, nature, and nations; and as such, from my heart I re 1 nounce and abominate it. As for the doctrine always, by all laws human and divine, bound to of deposing princes, I know some divines of obey; and I am sure that no power on earth, the catholic church hold it; but as able and either singly, or altogether, can legally allow learned as they have writ against it: But it was me, or any body else, to lift up a hand against not pretended to be the doctrine of the church, him or his legal authority. I do hold, that the that is, any point of catholic faith: Wherefore constitution of the government of this kingdom I do here in my conscience declare, that it is is the only way to continue peace and quietmy true and real judgment, that the same doc-ness, which God long continue. trine of deposing kings, is contrary to the "Next to treason, I hold murder in abhorfundamental laws of this kingdom, injurious to rence, and have ever done and do; and I do sovereign power, and consequently would be in sincerely profess, that if I could at this time free me or any other of his majesty's subjects, impi- myself immediately, and establish what religion ous and damnable. I believe and profess, that I would, and what government I would, and there is one God, one Saviour, one Holy Catho-nake myself as great as I could wish, and all lic Church, of which, through the mercy, grace, and goodness of God, I die a member. "To my great and unspeakable grief, I have offended God in many things, by many great offences; but I give him most humble thanks, not in any of those crimes of which I was accused. by the death of one of these fellows, that by their perjuries have brought me to the place where I am, I so much abhor to be the cause of any man's death, that I would not any way be the cause of their murder; how much less would I endeavour the assassination of his majesty, whom I hold to be as gracious a king as "All the members of either House having ever this, or any other nation had, and under liberty to propose in the House what they whom the people may enjoy their liberties, as think fit for the good of the kingdom; accord- much as ever any did? And if it please God ingly, I proposed what I thought fit; the to grant him life and happiness, according as I House is judge of the fitness or unfitness of it; have always wished and prayed for, I am moand I think I never said any thing that was un-rally persuaded, that he, and all his dominions, fitting there, or contrary to the law and use of parliament; for certainly if I had, the Lords would (as they might) have punished me: so am not culpable before God or man. and so will be as happy and prosperous as ever people were, which I beseech God grant. "I do most humbly ask pardon of the Almighty and All-merciful God, for all the great offences I have committed against his divine majesty; and I know he would not have the death and confusion of a sinner, but that he may repent and live; in that assurance I hope, knowing he never despiseth a contrite heart; and though I have not so feeling a contrition as I would, yet I have it as well as I can, and I doubt not but that God will accept of the good-will. "It is much reported of indulgencies, dispensations, and pardons, to murder, rebel, lie, forswear, and commit such other crimes held and given in the church; I do here profess, in the presence of God, I never learnt, believed, or practised any such thing, but the contrary; and I speak this without any equivocation or reservation whatsoever and certainly, were I guilty, either myself, or knew of any one that were guilty whosoever that were so, of any of "I do desire that all people will forgive me those crimes of which I am accused, I were not any injury that I have done them in any thing, only the greatest fool imaginable, but a perfect either wilfully or by chance; and I do heartily mad-man, and as wicked as any of those that forgive all people in this world that have inso falsly have accused me, if I should not dis-jured me; I forgive even those perjured men, cover any ill design I knew in any kind, and that so falsely have brought me hither by their so upon discovery save my life, I have so often perjuries. had so fair occasions proposed unto me, "I do now upon my death and salvation am guilty of self-murder, which is a most griev-aver, That I never spoke one word either to ons and heinous sia; and though I was at last impeached at the Lords bar, yet I have great grounds to believe, that I was first brought to trial, on the belief, that to save my life, I would make some great discovery; and truly so I would, had I known any such thing of any ill design, or illegal dangerous Plot, either of my self, or any other person whatsoever, without any exception. But had I a thousand lives, I would lose them all, rather than falsly accuse either myself or any other whatsoever. And, if I had known of any treason, and should thus deny it, as I do now upon my salvation at this time, I should have no hope of salvation, which now I have, through the merits of Christ Jesus. "I do beseech God to bless his majesty, who is my lawful king and sovereign, whom I was Oates or Turbervile, or, to my knowledge, ever saw them until my trial; and for Dugdale, I never spoke unto him of any thing, but about a foot-boy, or foot-man, or foot-race; and never was then alone with him; all the punishment that I wish them, is, that they may repent and acknowledge the wrong that they have done me; then it will appear how innocent I am : God forgive them! I have a great confidence that it will please Almighty God, and that he will, in a short time, bring truth to light; then you, and all the world, will see and know what injury they have done me. "I hope that I have made it appear that I have some conscience; for if I had none, certainly I would have saved my life, by acknowledging myself guilty; which I could have done, though I know I am not in the least guilty. And I having some conscience, make ill use of it, for I throw myself into eternal very pain, by thus plainly and constantly denying at my death, the knowledge of what I am accused of in the least. "I have said thus much in discharge of my conscience, and do aver, upon my salvation, what I have said to be really true. "I shall say little of my trial; and whether it were all according to the known law, I am too much a party to say much of it: if it were not so, God forgive him or them that were the cause of it. "My judges were all persons of honour, who were all as much bound to judge rightly, as if they had been upon oath upon what was legally proved; and not to vote but according as in their consciences they were satisfied; and if any of them did otherwise, upon any account whatsoever, I beseech God forgive them, I do heartily. "I shall end with my hearty prayers for the happiness of his majesty, that he may enjoy all happiness in this world and the world to come, and govern his people according to the laws of God; and that the people may be sensible what a blessing God hath so miraculously given them, and obey him as they ought. I ask pardon with a prostrate heart of Almighty God, for all the great offences that I have committed against his divine majesty, and hope, through the merits and passion of Christ Jesus, to obtain everlasting happiness, into whose hands I commit my spirit, asking pardon of every person that I have done any wrong unto; I do freely forgive all that have any ways wronged me; I do, with all the devotion and repentance that I can, bumbly invoke the mercy of our blessed Saviour. "I beseech God not to revenge my innocent blood upon the nation, or on those that were the cause of it, with my last breath. I do with my last breath truly assert my innocency, and hope the omnipotent, all-seeing, just God will deal with me accordingly." His Speech being ended, he delivered several copies signed with his own hand, to Mr. Sheriff Cornish, and other gentlemen about him; one whereof, wrote with his own hand, he sent to the king. He then desired he might have li berty to pray in his own way, which being granted, he kneeled down by the block, zui taking out of his pocket another paper, he real a Latin prayer; which done, he gave the paper to Mr. Sheriff Bethel, and then spoke to the people about the scaffold to this etiect; "God bless you, gentlemen; God preserve his majesty; he is as good a prince as ever governed you: obey him as faithfully as I have done, and God bless you all, gentlemen." Then a minister applied himself, and said, Sir, da you disown the indulgencies of the Romish Church? To which he answered with great passion, Sir, What have you to do with my religion? However, I do say, that the Courch of Rome allows no indulgences for murder, lying, &c. and whatever I have said is true.' Minister. Have you received no absolution? Minister. You said that you never saw those witnesses ? Answ. I never saw any of them but Dagdale, and that was at a time when I spoke to him about a foot-boy. Then turning about to his friends, he distri buted among them his watch, two rings off his fingers, his staff, and his crucifix from off hi neck; and his gentleman stripping him of his coat and peruke, put on his head a silk cap; and having accommodated his hair, shirt and waistcoat for the execution, he laid down his neck on the block and stretched himself. The Executioner being demanded by the Sheriffs, Whether he had any sign, he answered, No. Whereupon the prisoner rose up, and asked, What they wanted to which it was an swered, What sign will you give? Ausw. No sign at all: take your own time; God's will be done. Whereupon the Executioner said, 'I hope you forgive me he made answer, I do Then lying down again, the executioner at one blow severed his head from his body, save only a small part of the skin and wind-pipe, which was immediately cut off with a knife. After which, the beadsman holding up the head in his hand, carried it about the scaffold, shewing it to the people, and saying, Here is the head of a Traitor. The corpse with the head were put into a coffin, and conveyed to the Tower, where they were interred. B T H HOUSE OF COMMONS, December 30, 1680. Ordered, That the Committee appointed to prepare Evidence against the Lords in the Tower, do look into the Evidence against the Four Popish Lords in the Tower; and do report their opinions to the House, in order to the further directions and proceedings of the House against them. yel January 5, 1681. The House being informed, That one Bowon intimation given by the Com mittee appointed to prepare Evidence agains the Popish Lords in the Tower, taken into cus tody : into the hands of the serjeant at arms attendOrdered, That the said Bowyer be delivered ing this House; and that he be brought to the bar of this House to-morrow morning at ten of the clock, in order to his examination. HOUSE OF LORDS, May 21, 1685. The House being made acquainted, That those Lords who were committed by this House to the Tower, upon Impeachments of Treason from the House of Commons, have entered into recognizances, to appear before this House the first day of the next parliament, which is this day; and that the said lords are attending accordingly: the earl of Powis, earl of Danby, the lord Arundel of Warder, and the lord Bellasis, were called to the bar, and made their personal appearance; and then were commanded to withdraw. Which being done, a Petition was presented, from the earl of Powis, the lord Arundel, and the lord Bellasis; and another Petition from the earl of Danby; which the House received, and commanded to be read, as follow: The "To the right hon. the Lords spiritual and temporal in Parliament assembled. humble Petition of the right hon. William earl of Powis, Henry lord Arundel of Warder, and John lord Bellasis. "Humbly sheweth; That your Petitioners, by several commitments of high treason, were sent prisoners to the Tower of London, in or about the month of October, in the year of our Lord 1678, upon the single testimony of Titus Oates, who, upon several trials, stands now detected and convicted of perjury, in those very matters upon which he most maliciously framed his accusation against your Petitioners.-That your Petitioners are and were always innocent of those detestable treasons laid to their charges, and of all traitorous designs and conspiracies whatsoever. That they hope your lordships are fully satisfied of their innocence; notwithstanding they continue still under the same imprisonment, without any prospect of enlargement but from your lordships justice.Wherefore, forasmuch as it lies in the power of your lordships to grant them a speedy enlargement, they humbly pray your lordships would be pleased to order that your Petitioners may be forthwith discharged, and in such manner as the innocency and honour of your Petitioners may be vindicated to posterity. And they shall ever pray, &c. Powis, HEN. ARUNDEL, BELASIS." Next, was read the earl of Danby's Petition. "To the right hon. the Lords spiritual and temporal in Parliament assembled. The humble Petition of Thomas earl of Danby. "Most humbly sheweth; That your Petitioner hath been detained a prisoner almost five years in the Tower of London, videlicet, from the 16th of April, 1679, to the 12th of February, 1683-4, upon an Impeachment brought against your Petitioner, on bare suggestions of crimes, without any oath or affidavit whatsoever made against your Petitioner.-That your Petitioner did often, during that time, endeavour to have procured bail, to appear and answer before your lordships to any crime which should be objected against him; but could never obtain the same, until the 12th of February, 1683-4, at which time he was bailed to appear before VOL. VII. your lordships the first day of the sitting of the next parliament, as may appear by the recognizance which (as your Petitioner is informed) is now brought up to your lordships by the lord chief justice of the King's-Bench.-That, in pursuance of the said recognizance, your Petitioner doth now present himself before your lordships; humbly praying, that your lordships will be pleased to take into your considerations the case of your Petitioner (who has the honour to be one of the members of your House), and to grant him a speedy relief against his long and tedious imprisonment, either by trial, or by such other ways as your lordships shall judge most convenient; and that in the mean time the continuation of the said bail under which your lordships will be pleased, either to order your Petitioner now stands, or to direct such other bail as your lordships shall think fit. And your Petitioner shall pray, &c. DANBY." The House hereupon made the ensuing Order: "Upon reading the Petition of William earl of Powis, Henry lord Arundel of Warder, and John lord Bellasis; as also the Petition of Thomas earl of Danby; shewing, that they have been prisoners several years, and are now ready to make their appearance; they were called in, and made their personal appearance at the bar: It is thereupon ordered, by the Lords spiritual and temporal in parliament assembled, That the appearance of the said earl of Powis, lord Arundel of Warder, lord Bellasis, and earl of Danby, be, and is hereby, recorded; and that the said earl of Powis, lord Arundel, lord Bellasis, and earl of Danby, do attend until this House, upon their several cases, shall take further order." May 22. Upon consideration of the cases of the earl of Powis, lord Arundel of Wardour, the lord Bellasis, and the earl of Danby, contained in their petitions: after some debate; This question was proposed; "Whether the order of the 19th of March, 1678-9, shall be reversed and annulled, as to impeachments?" The question being put, "Whether this question shall be now put?" It was resolved in the affirmative. Then, the question was put, "Whether the order of the 19th of March, 1678-9, shall be reversed and annulled,as to impeachments?" It was resolved in the affirmative. "Dissentiente, JOHN Earl of RADNOR." The earl of Anglesey, before the putting of the abovesaid question, desired leave of the House to enter his dissent, if the question were carried in the affirmative; which was granted. Several other Lords desired leave to enter their Dissents: According to the right of peers to enter their Dissent and Protestation against any vote propounded and resolved upon any question in parliament, we do enter our Dissent and Protestation to the aforesaid vote or resolution; for these reasons, among many others: 1. Because it doth, as we conceive, extrajudicially, and without a particular cause before us, en5 H |