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.

The Sixth Day.

Munday, December 6. 1680.

ABout the hour of Eleven in the morning, the Lords being Adjourned into Westminster-Hall going thither in their former Order into the Court there Erected; and Mr. Speaker having left the Chair, the Committee of Commons were Seated as before.

The Court being Sate, Proclamation for Silence was made, and the Lieutenant Commanded to bring his Prisoner to the Bar, which being done, the Lord High Steward began.

Lord High Steward.

Read my Lord Stafford's Petition.

To the Right Honourable the Lords in Parliament Assembled, The humble Petition of William Viscount of Stafford.

Humbly shewing unto your Lordships, that he hath some things to offer unto your Lordships in order to clear himself, which he hopeth to do.

Your Petitioner doth therefore with all humility, most humbly beseech your Lordships to give him leave to offer some things unto your Lordships Consideration, And your Petitioner shall ever pray, &c.

Stafford.

Lord High Steward.

My Lord Stafford, my Lords have been willing upon your Petition to come and hear what that is that your Lordship hath to offer: And they would know whether it be matter of Fact or matter of Law. For your Lordship must know, that as to Witnesses the Process is closed.

Lord Stafford.

I do not pretend any more Witnesses, my Lords.

Lord High Steward.

Then my Lord what is it that you would say?

Lord Stafford.

My Lords, I did Yesterday receive an Order from your Lord∣ships, and upon that and some other things that I have to trouble your Lord∣ships with, I did petition for this favour, which I humbly thank your Lordships for granting. If I be impertinent I shall beg your Lordships pardon, and I hope you will be pleased to consider my Weakness at all times, especially in this condition I am now in, but I hope by your Lordships favour to be in an happier one quickly. For the matters of proof I shall offer not a tittle, but, my Lords, this Order which I received does say, That the Lords Assembled in Parliament have ordered, that my Counsel shall not be heard touching the continuance of Impeachments from Parliament to Par∣liament; but I hope my Lords, you will please without Offence, to let me offer to your Lordships my own Conceptions about it, which I shall do as briefly as I can.

My Lords, I do not conceive by this Order, That your Lordships say it does or it does not continue: You have given no Judgment as I know of in it, when you have I shall acquiesce, but I hope your Lordships will resolve that it does not. And, my Lords, my reasons for it are two; the first is, because one of the Managers for the House of Commons, as I take it Sir William Jones said these words, and your Lordships may remember them, That if there were no such President your Lordships would make a President, whether you will or no that I must submit to your Lordships, but then there is none yet. The next thing is, my Lords, this, whether an Impeachment be to be prose∣cuted in Parliament without an Indictment: this, my Lords, I humbly hope your Lordships are resolved, it ought not: For I see not how truely, my Lords, it can be, by the little reading which I have had in the Law, I never found any man prosecuted in a Legal way but by an Indictment, I may be mistaken, and I beg your Lordships pardon for troubling you with my mistakes, but I ne∣ver read of any that were prosecuted upon an Impeachment; so then the Le∣gal usual word being Indictment, 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 hear∣ing 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; 'tis true, one of them, which was, whether two Witnesses in several places did a∣mount to a legal Testimony or no, your Lordships did not declare one way or a∣nother: 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; 'Tis true, one of them that spoke last, I think it was Judge Atkins, did say it did amount to a legal Testimony, be∣cause 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 whatso∣ever 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 fals∣hood 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 'tis 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, ('tis 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 (7••) and not (72.)

My Lords, 'Tis 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, where∣in there was a Rebe••••ion in the North, for which some fled and some were Exe∣cuted, 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 Raw∣leigh 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 Ex∣cuse 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 Lord••, it was not long ago that your Lordships at your own Bar did allow all the Dissenters from the Church of England to give some Reasons to your Lord∣ships 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 ap∣pear 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 endea∣vour 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 ac∣knowledge 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 Parlia∣ment 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 'tis 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 Lord∣ships 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 cur∣sorily 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 se∣verely 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 Ma∣jesties favour called up a Peer) I have valued my self upon the Honour of sit∣ting with you; and I do declare when I have sat in this House, when your Lord∣ships 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 Cri∣minal in it; for I do value the Parliaments Sitting to be the only means to keep this Kingdom quiet.

My Lords, 'Tis 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 Lord∣ships pardon for troubling you with my impertinencies, and hope you pardon it to my weakness. My Lords, I do profess before Almighty God, and be∣fore 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 disad∣vantages 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 ad∣mit 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 bar∣barous 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 be∣lieves we cannot help, nor do we contribute to that disturbance. But we desire your Lordships to consider whether this practise of having things written down for the Clerk to read, may not introduce a Custom, which may in time grow inconvenient for future Example. I see no great danger in the particular Instance before your Lordships now, but it is dangerous in such Cases to do any thing that is new in this Court.

Lord High Steward.

All the matter is, whether it be read by my Lord, who cannot be heard, or read by the Clerk.

Sir Thomas Lee.

We only oppose it out of fear of making a President, which may be of ill consequence.

Lord High Steward.

Read it, my Lord, and raise your voice, for it concerns you to speak out.

Lord Stafford.

(Reading out of his Paper.)

My Lords, when I offered Matter of Law to your Lordships, on Saturday last, I did in no wise admit the Matter of Fact to be true that was alledged against me, and so I desire to be un∣derstood. And I hope your Lordships will not lay the less weight upon the Te∣stimony of my Witnesses because they are not sworn; for the Law does not suf∣fer them to be sworn, which is no fault of mine, nor ought not to turn to my Prejudice.

I must appeal to your Lordships Judgments in point of Fact, how far the Kings Witnesses are to be believed against me, considering the whole matter, and my Counter-proof.

Next I submit to your Lordships Judgments this point, That the Impeach∣ment being founded upon the Common Law, and the Statute of 25th. Edw. 3. and not upon the Statute of 13th. of this King, two of the Witnesses, Dugdale and Turbervill, do only swear Treasonable words spoken by me, and not my Overt Act; for they swear only that I promised them Money and Rewards to kill the King. Now I humbly pray your Lordships Judgment, whether bare

speaking of words be an Overt Act, and Treason at the Common Law, or upon that Statute; and whether there be more than speaking of Words in a Consult, or otherwise proved by Dugdale and Turbervill, I appeal to you; then the other Wit∣ness, Oats, is but a single Witness, who speaks of the receiving of a Commission. This is that I offer to your Lordships now for your Judgments, and then I desire I may have your Opinion in other things.

Lord High Steward.

Is this all your Lordship hath to say▪

Lord Stafford.

For the present, my Lords.

Lord High Steward.

You must say all you have to say now.

Lord Stafford.

Is it your Lordships pleasure to hear Counsel to nothing at all? I did likwise alledge to your Lordships th' other day, that People that swear for Money, are not competent credible Witnesses; how far that was proved, or I may prove by my Counsel, I submit to your Lordships.

Lord High Stewared.

Look you, my Lord, you have so far received already the pleasure of the House: You have raised several Questions of Law, whether every Overt Act require two Witnesses to prove it. You have had the Opinion of the Judges, and there is no more to be said in it. As to that, whether Impeach∣ments continue from Parliament to Parliament, and the other thing, whether Proceedings may be upon an Impeachment without an Indictment; these are matters of the Course and Constitutions of Parliaments, my Lords will consider of them by themselves, and will permit no Counsel to argue them. For the other Point, That words are no Overt Act, that rests for their Opinion in another Case, when it shall come, for they have now no such Case before them.

Lord Stafford.

Thumbly conceive there is.

Lord High Steward.

There is a great difference between bare words being an Overt Act, and perswasion by Promises of Money and Rewards to kill the King, which is a very great Overt Act.

Lord Stafford.

Is it possible to do an Act by Words? If it be so, I never heard it before.

Lord High Steward.

Otherwise men may promise Rewards to ••0 several per∣sons to kill the King, and then say 'tis all but Words.

Lord Stafford.

I say it not, but I humbly conceive the Law says it.

Lord High Steward.

What say you, Gentlemen of the House of Commons?

Lord Stafford.

My Lords, I have something to say, which I desire to speak first: My Lords, I hope I have cleared to your Lordships, that all the Witnesses have swore false against me, and this I have made out by Proofs; I say not much to that.—(My Lord was searching for his Papers) Truly, my Lords I am con∣founded with the Noise and other Circumstances, but my Lords, I shall, if your Lordships please to give me leave, humbly represent my Case to you, how I take it to be in matter of Fact as to my own Condition not any thing, but how I am now before your Lordships.

I was, my Lords, committed by my Lord Chief Justices Warrant, on the 20. or 21. of October, (78.) Friday, the 25. of October, I was brought to your Lordships Bar, I was Impeached; I do not remember the day, my Lords, the beginning of December, in one Parliament Articles exhibited a∣gainst me, in another Parliament I was brought upon these Articles exhi∣bited, and being called to your Lordships Bar, the Articles were read to me, and I gave in my Answer, that was sometime in May (79.) and in the end of May the 27. (if I mistake not, if I do, I desire it may be rectified by your Books) I with the other Lords, were brought to this place in order to our Trial. We staid some time there, and then were remanded by your Order to the Tower, where I continued till November twelve month after, without having heard any thing concerning it; so that I was first Impeached in one Par∣liament, Articles brought against me and pleaded to in a second, and now brought to my Trial in a third; and what your Lordships will say upon this, I submit to you, and whether these be Proceedings according to Law, your Lordships will judge.

My Lords, I humbly conceive that Magna Charta says, That Justice shall be denied nor delayed to no man, whether it hath not been delayed to me, let your Lordships judge. If you say the Prorogation of the Parliament is the cause of that delay, I hope your Lordships will give me leave to say, That from the 5. of December to the 30. when the first Parliament was Prorogued, or during the Session of the other Parliament, there was time enough sure wherein I might have been brought to my Trial; and if these proceedings be lawful and just, there is no man living, but may be kept off from time to time, till some Acci∣dents happen that their ends may be gained. I leave it to your judgment, whe∣ther it may be only my Case now, or of some of your Lordships in future Ages, to be accused of things that you never heard of before, and not brought to justifie your selves, but kept in Prison.

My Lords, There is a Statute, I have forgot where it is (but such a one I have read) that though the King by his great Seal, or little Seal, command that Justice should be delaid or denied, yet however the Judges shall not obey it, but proceed. So I hope there is no pretence of delay on my part, and the benefit of that Statute shall not be denied me. And that Statute of the Great Charter, which cost so many of your Ancestors their Lives to maintain, I hope you will never go from. Now, your Lordships Noble Ancestors amongst other things, took great care that Justice should be denied or delayed to none; and this I desire you to take into Consideration.

I am in your Lordships Judgment either to be Acquitted or Condemned. I hope your Lordships will, and I know you will lay your Hands upon your Hearts, consult your Consciences and your Honours, and then you will do what is Just and Equitable I doubt not.

My Lords, Mr. Oats said I came by the name of Mr. Howard of Essing∣ham, but that I did to my Letters sign Stafford; surely, my Lords, if I was ashamed to own my Person, I should have been as much ashamed to have owned my Name. He says he saw me take a Commission, and whether that be an Overt Act, your Lordships are to determine. Upon the whole matter, I conceive, there is nothing proved against me, but words, nor pretended to▪ but only by Oats. And whether you will credit a man that so dissembles with God, as I have told you, I appeal to your Lordships, and beg you to consider of it.

That these Witnesses have sworn for Money, if you send to the Ex∣chequer Office and see what Money they have received, you will find by the great Sums that 'tis so, and then I hope you will not allow them to be heard, nor credit any that swear for gain. I had a Suit in Westminster-Hall, that had like to have gone expresly against me, only because one of my Witnesses was to gain 8 l. if the Suit went for me. But pray consider how much these men have had. And for the point that there are not two Witnesses, I beseech your Lordships, give me leave to put you in mind, That not many Years ago, you passed an Act against Frauds and Perjuries, wherein you were so careful to preserve mens Estates, that you required three Witnesses to prove a Will of Goods or Lands, above 100 l. and will you allow but one Witness to take away a mans Life for Words? Though your Lordships will never commit Treason, yet no man can preserve himself from the Misfortune that happens to me, of being falsly accused.

'Tis true, my Lords, the Managers have given an Answer to the Business of the Money, by saying, The King may give as liberally as he pleases, but to give so great Sums, whereby Men Poor before, are now become Rich, I think will be an Objection against their Credit.

My Lords, I have said what I do think convenient, though I think much more might be said by an abler man to your Lordships, for the clearing of him∣self. I hope I have done it, nay, I am confident I have; and this I have done for the Memory of that Great and Blessed King, who first made me a Peer, that it may not be said, He did me the Honour Forty Years ago to call me up to this Dignity, and I should fly in the Face of his Son in so horrible a manner as these men would make me. I do owe it to the Honour of my Father and Mo∣ther, who, I think, I may safely say, were both Honourable and Worthy Persons: My Father was a learned man, and a wise man, as I may appeal to some of your Lordships who knew him well; I say, I owe it to their Memory, and to the Ho∣nour of the Family from whence I sprang, which all the world knows what it is. And I should be an infamous man to dishonour them so much as to bear their Name, and commit Treason. My Lords, I owe it to my Wife, who hath been a very kind Wife to me as ever Man had: She is Heiress at Law to the great

Estate of that great and unfortunate Man Stafford, Duke of Buckingham, who was cut offin the Reign of King Henry the Eighth, and all his Estate, if it were not for that Attainder, would have come to her.

I may be impertinent in telling your Lordships what it was, but I do not over∣say it, when I reckon it would have been at this day Two hundred thousand pounds a Year, for it was Seventeen thousand pounds a Year in those days Penny Rent, besides other Emoluments. This is an extravagant thing to say, but 'tis true, something thereof does▪ remain to her, which I now enjoy. I owe it to all my Children, especially to my Eldest Son, who is a young Man, and I may say of far better Parts and Hopes than his Father, and whom, I hope, will serve his Coun∣try. I owe it to all my Friends and Relations, for I would not have it said after-my Death, my Wife was the Widow of a Traytor. I owe it to all these, but above all I owe it to God Almighty, then when I come to be judged by Him, I may give a good account of what he hath intrusted me with, that I may not appear as an infamous Man who knows he hath a Body, but not his own, and yet should throw it and his Soul away together. And if I should have committed this Execrable Treason, I should have been Guilty of my own Murder: First, in the committing a Crime worthy of Death; and then in not Confessing to save my Life. I hold Murder an extraordinary Crime, the worst next to Treason: And I know, if I should not prevent my Death by confessing all I knew, I should have been guilty of Self-Murder, the worst of Murders. I know your Lordships will lay to Heart, what an execrable thing Murder is and the Blood of Innocents; and I hope there is none of the House of Commons, but after this Evidence, will clear me. I am sure none of them would have me punished for that I am not Guilty of. I do not blame these Gentlemen of the House of Commons for Prosecuting, nor the first for Impeaching; for they had, with∣out all doubt, Reasons great enough for it upon what Evidence they had before them, before they knew what the Witnesses were. I know your Lordships will not in the least point vary from Justice, or the Law of the Land, and I desire you to lay the whole matter to your Hearts; I have not the least sus∣picion of the Partiality of any Man in the House, nay, I profess, if I had an Enemy and he were not here, I would beg of you that he might come. I have cleared my self before your Lordshships, and I hope I shall not be run down by the wicked Rabble, which where it will end, God knows. It began in the late times against my Lord of Strafford, and so continued till it ended in that most Execrable Fact, one of them that ever was done. A wick∣ed beginning it was, and it had a wicked end. For since our Saviours Death and Murder by the Jews, never was so execrable a Murder in the World; and whoever had an hand in it without an extraordinary Repentance, can have no thoughts of Salvation. I never could serve the King, 'tis true, but in my desires, and I never disserted him in Thought, Word, or Deed to

my knowledg in my life, much less did I ever contrive or consent to his Death. I do in the presence of God, Angels, your Lordships, and all Men, declare, I do know no more of the Plot, or any such thing than any one here does. That those of the Romish Religion had meetings, I believe, to obtain those ends that I spake of before: Coleman went too far, how far he was Criminal in it I cann't tell. Meetings, I say, there were, but I was never at one of them, nor do I know what was done there. I do leave it to your Lordships to do Justice, as I know you will, and with all submission I resign my self up to you.

Lord High Steward.

Have you done, my Lord?

Lord Stafford.

If your Lordships will not allow me Counsel to argue those Points, I have done.

Lord High Steward.

What say you Gentlemen of the House of Com∣mons?

Mr. Serjeant Maynard.

My Lords, some thing that my Lord hath spoken hath been resolved against him, that is about two Witnesses to each Overt-act; some things are not to be disputed about the Law and Course of Parliaments, some things were not to be said now, because he had said them before. My Lords▪ we had concluded our Evidence, and he is pleased to take up the time with repeat∣ing what was said before.

For the other matters that my Lord is pleased to discourse of, all he says is but his Obligations, and how unreasonable it were for him to do it; the Question is whether he hath done it or no; if he hath, his Obligations are an Aggravation of his Crime, not an Excuse. His Relations, his Family, and other things are nothing before your Lordships now in point of Judgment, nor is there any thing new said to day, that was not said before.

Sir William Jones

My Lords, I should not add one word▪further, were it not that this Noble Lord is pleased upon his Memory, or rather without, to say something of me, and that was, that speaking of the Continuance of Proc••edings I should say, if your Lordships had no President I hope you would make one; My Lords, I do appeal to your Lordships Memory whether I said any thing like it, I utterly deny it, nor was there any occasion for it. For there was no need of urging Presidents, when your Lordships upon a Conference with the Commons, did declare it to be the Law of Proceedings in Parliament, and did then fortifie i•• with many Arguments. I know my Lords Memory is not very good; I'm sure in this he is very much m••staken.

My Lord hath been pleased to complain he hath received much disturbance, and that the Noise and Shouts have been so great that they have occasioned some l••straction in him. My Lords, I am sure his Lordship cannot mean us; for I appeal to your Lordships, and all that have heard this Tryal, whether he hath received the least disturbance or interruption from us, or whether we have

not treated him with that respect that becomes his Dignity, and the Discretion that ought to be in the Managers of the House of Commons. But I must needs say, that his Lordship hath received distraction from those Friends or Counsel of his that put those many Papers into his Hand; for he hath read one after another that do contain the same matter over and over again. These I confess were sufficient to distract him, or any other that should make use of them. His Lord∣ship hath been pleased to go off from the matter of Law, to the matter of Fact, and backward and forward, so that it is impossible to follow him: And as to the mat∣ter of Fact we shall decline to follow him; for though we have not given his Lordship any disturbance, yet we submit to your Judgment whether it be Regular, or according to the Course of Proceedings, when his Lordship hath sum'd up his Evidence, and we that are the Prosecutors have concluded ours, he should begin that work again, which if it should be admitted we were to reply, and he might rejoin upon us, and so there would be no end of Proceedings.

And, my Lords, I hope, though this Lord hath had the favour to do it, yet it shall not for the future be brought into Example, for it will make Tryals endless.

My Lords, for the matter of Law, there is nothing that deserves an An∣swer, for though the Law does admit the Prisoner Counsel in matters of Law, yet it must be in things doubtful: And if there be any thing of that in our Case, I submit it to your Lordships. I am sure I have heard nothing new but what hath been over-ruled already, unless it be a matter of Law which rises upon a matter of Fact, and that not proved, to wit, the Corruption of Witnesses. The last day all was said by his Lordship he could say, and all said by us that we thought fit to say, and now to begin the same matter again, I think ought not to be ad∣mitted. We shall not follow his Lordship in that way of Proceedings, and hope it shall never fall into Example.

Sir Francis Winnington.

My Lords, I have only one word to say to your Lordships, and that is in relation to the Proceedings of the Commons in this Cause; for if the Cause had not been of an extraordinary nature, we should have stood upon it, that the Prisoner ought not after the Prosecutors had con∣cluded to have taken a liberty of reading and repeating what we had said over and over again. We know, my Lords, there are are a sort of men in the world, who are willing to lay hold of any pretences to cavil at our Proceedings, and therefore we have let my Lord take all this liberty, that so his Party might have no colour of Complaint. His Lordship was pleased to say the last day, that he had not a Witness more to produce, nor a Reason to give, as I understood him; and there∣fore he must own that we have been very tender to him in all our Proceedings. One thing my Lord insinuates to day, which I cannot forbear taking notice of,

as if we had delayed him, which is without cause; we had used all diligence in preparing our selves, and were soon ready when the King was pleased to let the Par∣liament sit, and therefore it can be no imputation on us; and truly if my Lord considers the weight of the Evidence, I fear he will think his Tryal comes soon enough now.

Lord Stafford.

My Lords, I desire to be rightly understood in one thing, and 'tis only this, I did not say the House of Commons shouted at me, but the Rabble.

Lord High Steward.

Is it your Lordships pleasure to Adjourn?

Lords.

Ay, Ay.

Lord High Steward.

Then this House is Adjourned to the Parliament Chamber.

Then the Lords withdrew in their former Order, and the Com∣mittee of Commons went back to their House.

Mr. Speaker resumed the Chair.

A Message was sent from the Lords by Sir Timothy Baldwyn and Sir Samuel Clarke.

Mr. Speaker,

The Lords have commanded us to acquaint this House, that they have ap∣pointed William Viscount Stafford to be brought to the Bar in Westminster-Hall to morrow morning at Ten of the Clock to receive Judgment.

The Commons Adjourned to Eight of the Clock the next Morning.