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defence before their lordships without himn; his , house, at the Golden Ball in York Street, in lordship not knowing the names of several of Covent Garden ; which Grove was since exe- his witnesses ; and for other reasons belonging cuted. And this informant and Mr. Jones
unto his trial. Likewise humbly sheweth, that went to the Wind-inill Tavern, in Bridges he fears that he can no way bave bis witúcsses Street, which was about the time when the last so soun in town. Therefore, with submission, army for Flanders was upon raising, by the apmust humbly beseechetb their lordships, to pointment of Grove ; and thither he came also, grant him soine days longer for his trial, and to and promised this informant all kindness in his grant him an order for his witnesses to appear; power; desiring this informant to come to liis and to assign hiin Mr. Wallope, Mr. Saun: house, which this informant often did. And ders, and Mr. Hunt, to be of his counsel." after about four months intimate acquaintance
Hereupon the House made the following with the said Grove, this informant told Mr. Orders :
Jones, • he had not been at ciniession a long “ It appearing, by the petition of the lord time. Upon which, be advised this informant viscount of Statford, now a prisover in the to go to Mr. Harcourt, in Grove's house, where Tower, and shortly to come upon his crial upon there was an altar up one pair of stairs. And, the impeachment of the House of Coinmons, after this informant had made his confession to That Mr. Ralph Lawson, who is a person ne. Mr. Harcourt, Grove told this informant, cessary for his lord's defence at bis irial, is de- • that if he would be ruled by him the said tained prisoner at Rye, and that an Habeas Grore, he this informant should be made for Corpus hath been issued for bringing him up, ever.' Whereunto this informant replied, which hath not been obeyed: it is this day or It was possible he would. And then the dered, by the Lords Spiritual and Temporal in said Grove took up a pistol, which lay upon parliament assembled, That bis majesty's writ the left hand of the altar; and said, “This is of Habeas Corpus in due form he forthwith that which must do the business. During issued, for bringing up the said Ralph Lawson, which discourse, the said Harcourt, Fenwick, in order to the service aforesaid.”
the said Jones, and Pickering, with others, who “Upon reading of the petition of the lord made up about the number of seven, turned viscount of Stafford, praying (among other their backs, as if they would not take notice of things) that he may have an order for witnesses the discourse aforesaid ; and then the said to be made use of in his lordship's defence upon Grove told this informant, that he would not his trial, now appointed : it is ordered, by the tell what the business was, until this informant Lords Spiritual and Temporal in parliament as had taken the Sacrament to be secret :' which sembled, That the clerk of the parliaments shall this informant then took, the said Grove and issue out an order, or orders, for summoning Pickering taking the Sacrament at the same -such persons as the said viscount Stafford shal time. Which Sacrament being over, the altar, from tiine to time send in the names of, to be chalice, and other materials belonging to the summoned as witnesses for the purpose afore- service, were taken down ; and so the persons said."
aforesaid sat down about the table in the same Ordered, That Mr. Wallop, Mr. Saunders, room. And then Grove said to this informant, and Mr. Hunt, be, and are hereby, at the de- • You have taken the Sacrament of secrecy; sire of the lord viscount Stafford, now prisoner and so have we;' meaning himself and Picke in the Tower, assigned to be of counsel for his ering. This informant replied, 'Yes;' prolordship, in order to his defence in mat- mising to be secret. Whereupon the said Grove ters of law upon bis trial upon the Impeach- further said, “What I desire you to etfect with inent of the House of Commons, whereby he is me is, to kill the king; and you shall venture charged with high treason ; and that the said vo furi her than I and Pickering. This inforınMr. Wallop, Mr. Saunders, and Mr. Hunt, ant answered, • Kill the kiog! far what?' inay have free access to the said viscount Staf-Then all or most of the company then present ford for that purpose.
auswered, • To kill the king, being a herelic, Sir Timothy Baldwin delivered in the Infor- or any otiser berelic, to propagate the Roman mation which he had taken of William Lewis, Catholic religion, is no sin.' Aud then they by order of this House ; which Information proceeded to make great promises of large grawas in the presence of the said William Lewis tuities to this informant, so as he would venture read; who acknowledged the same to be true. therein 86 they did; and they did intimate
The contents of which Information is as fol- 1,000l. at the least, and that the best persons Joweth :
in Enyland would engage for it. And asked “ The Information of WILLIAM LEWIS, sworn
this informant, “ If he knew the lord Peters before the House of Peers, this 13th of and the lord Stafford?''To which this informant November, 1680.
answered, “He did.' Then Grove scratched
his head, seeming a little concerned at this in“ Who saith, That, coming out of sir John formant's knowledge of those iwo lords. Then Morton's service, and being acquainted from they asked, “Whether this informant knew his childhood with one Walter Jones, a priest, the lord Arundel, the lord Powis, and the lord sometimes belonging to Wild-house, he applied Bellasis?' To which this informant answered, himself to the said Jones, to help him to a ser- • Ile did not.' And after some orber disa vice ; who carried this informant to Grove's course to the same effect, the company parted;
and Grove desired this informent to send to flord and this intorinaut. Upon which, Harhim where be should meer bud; and jones did, court told this informant, that if he did not after the meeting aforesaiil, say, “ That Kelly like gorug into France, he shodd go to Flowas one of the number aforesaid.' The next rence, where the said fire Arundel had great nay this informant sent to Grove, to come to interest.' And this informant saith, that the him to a tavern near bis own house ; and ord Arundel he means lry tuis internation is thence went to the Plow Alehouse at Somerset squint-eyed, and hath a kind of a wari won tiis Water Gate, where the said Jones met him. And this informaot further saith, Itat And this informant there told Grove, he as to what he gave the House of Peers an achad bought a horse, 1o go into the earl of Ox- count of, as 10 Mrs. Elliot and Mr. Ttwasp ford's guards; and if he should omit his oppor. 300, concerning sime circumstances relating to tunity, and go along with him and miscarry, it the duke of York, and the five gomeas rewould be to this informani's prejudice.' And ceived by Mr. Thompson's baod by this 11 thereupon the said Grove answered, that formant near St. James's Hiuse, this isstoforant this informayt need not fear any thing, but refers himself to the informations taken betre should be made a man for erer ; for you shall | Mr.Justice Rich. And furtber at present said have the best persons in England engage for
WILLIAN LEWIS." what is promised unto you.' Whereto this Signed and acknowlenged, in the presence of informant replied, How shall I be sure of TIMOTHY BALDWIN. that? I have yet nothing but the bare word. PR. Rich. Whereupon the said Grove look a manual and EDMOND WARCUPP. his beads out of his pocket; and sivore, " a
November 23. person of quality should come himself, and engage his honour that what was promised, should Ordered, That it be, and is hereby, referred be perforined ;' and direcied this informant to the lords comauttees tor privileg's, to advise . the next day to meet him in Somerset House and consider of what directions, rules, and me Chapel; and if that were not open, to walk thods, are fit to be oliserved, for preservation about the coach houses, about nine in the ot order and regularity in the trial of the lord morning ;' which was in or about the month of viscount Stafford, now to be triert, together with May, 1678, being about three or four months all yuch circumstances as occur in such trials, before the Plot was discovered. And the said and make report unto the House. Groveiben met ibis informant before the said
November 26. coach hon-es, and took this infornant with him to the suid Plow Ale-house ; saying, the
Ordered, that his majesty's surveyor gedeperson of quality would not come ili the after- ral be, and is hereby, required to riew the court noon;' and desired this informant to meet and staffolds prepared in Westminster hull, for hiin at four in thar afternoon, in the same the trial of the lord viscount Statiord, and see place; where he met this informant, and con- that they be strong and firm; and give this ducted bin to the Piazza, or arched place, in House an account thereof on Monday nesi, * tie garden of Somerset House ; and there was mine of the clock, Harcourt, Fenwick, and Pickering, who walked Ordered, Ibat the lord great chamberlam, with this informant and Grove about two or his deputy, be, and is hereby, desired to hours; at wbich time a person came down the take care that the places in Westminster bal stairs, and asked, "Which was the man?' To bel,ind the lords, be kept for peeresses and which Grove answered, " This is be;' shewing their daughters, at their trial of the lord v this informant. Upon which, the said person,
count Stafford. whom this informant knew to be the lord Arun
Nocember 27. del, though they pretended was the lord Bellabis ; and the said lord Arundel took this in- The House took into consideration the mes formant from the company, and told this in- sage brought yesterday froin the House of Coformant, that he was sensible ihat they had mons, “ That this house would appolat a crm. told this informant what he was to do.' Where mittee, to join with a committee of the flouse of ppon this informant asked his lordship, " What Commons, for the adjustiog the mechods and he was to do? Who replied in these words, circumstances in the trials of the lords in the • You are to go along with Grove, to assassia Tower." nate the king ;' adding, you shall hare The question being put, " Whether a come 1,500l. paid you as soon as the business is ef: mittee of this House sball be appointed, to fécied; and if you will tarry in England, you meet with a committee of the House of Camshall have a commission in the Catholic army inons, to adjust the methods and circumstances which is to be raised; otherwise you shall be of the trial of the lord viscount Stafford ?" It safely transported into France, or where you was resolved in the affirmative. please ;' and thereupon gave this informant a Thin the House nanied these Lords follow. guinea; and so my lord left this informant. ing, to be a compitiee to join with a committee And then Grove asked this inforinant, 'Whe- of the House of Commons to adjust the me ther he was satisfieil?' And this informant thods and circumstances of the trial of the answered, · Yes;' and then repeated all the lord viscount Stafford. discourse that had passed betweeu the said 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 ot the clock, in the inner Court of now, as it was the last parlament; the Lords Wards.
committees answered, that the commission difA message was sent to the House of Com- fers uot frons that which passed in the last parmous, by sir Timothy Baldwyn and sir Samuel liament, otherwise than in that the name of the Clerke:
lord Stafford is inserted in this commission, in To let them know, that the Lords have ap- the places where the names of the Five Popish pointed a committee of five Lords, to meet with Lords impeached were inserted in the former a commitee of the Commons to atljust the me- commission. thods and circuinstances of the lore vi-count That, as touching the Lords spiritual, Whe. Stafford's trial; and they have appointed the ther they would be present at the trial of the five Lords to meet this afternoon, at three of lord Stafford; their bordabilis have returned the clock in the inner Court of Wards. assurance, that the Lords spiritual are not to be
The messengers return with this answer : present at the trusl.
Toat the Commons will give a meeting as is That their lordships acquainted the said comdesired.
muee, that the prisoner is to be brought toHouse of COMMON), November 29.
morrow morning ai len of the clock.
That the said committee, having acquainted Sir William Jones reports, from the com- the Lords contantiees with the vote of this mittee appointed to meet with tive Committee House t 'uching their coning as a committee of Lords, for the adjusting of methids an i cir- to the Irial of the lord Stattad, made a propocumstances relating to the Trials. the Lords in posal to the Lords compitt es, taking notice of the Tower, that the said comınittee did meel one of the rules sent doan from the Lords; viz. on Saturday last : And that the committee of “ That, when the i ommons should ask any lords being asked, by the committee of this question in the trial, They should apply theinHouse, whether their lordsłups had any propn- selves to the Lord High Steward :" And that sitions to make to the said committee, tnuch this commiitee made some exceptions thereunto, ing the methods and circumstances to be hat they taking the Lord High Sieward not as a in ihre Trials of the Lords in the Tower; their necessary part of the court, bat only as the Joriships made answer, ihat the Lords had sent Speaker of the House of Lorus; allerging, down a paper to this House, containing seve Tat, 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 propositioivs. Lord, or Your Grace.”
That their lordships being askeri, Whether And that then the committees adjourned to the coinmission of the Lord High-Steward were 9 of the cioch to-morrow morning. drawn in the same inanner as that in de last Oritered, That the members of this House do parliament was drawn; and be her the cause sit together, without mingling with any other • cujus præsentia in hac pare requiritur' were persons, in that place which is prepared for inserted; their lordshiris airwered, that they inim, at the Trial of the ford Statford : And could not give any account thereof; but that Vr. Hisward, captain of the yeomen of the they would 111ake report of the said proposi- gnard,, is desired to take care therein. tion to the House of Peers; and woulit atter- Orilereit, That a committee be appointed wards give answer to this committee therein. fortiwiin to view the scaffold erected in West
That their lordships being asked, Whether minster-liall for the said Trial: And they are they could give any assurance, that the forus einpowerrd to send for such persons as they spiritual would be absent at the trials, their shall see occasion to make use of in this ser. lord-tips made answer, That they had no vice. power from the House of Lords to give any ac- The House being informed, from the comcount in that inatter; but that their lordship; mittee appointed to prepare evidence against would report the same t) the House of Peers; the Lords in the lower, That a certain person and return an answer to the said committee the inhabiling in Shrewsbury, being summoned to next meeting
appear as a witness in the Trials of the popish And further, that the said committees bad Lords in the Tower, did refuse so to do; and agreed to meet again at twelve of the clock that it was not convenient, that his name this day.
should as yet be publicly known. Ordered, That the said committee do meet Ordered, That Mr. Speaker do issue out his the comunitti e of lords, at 12 of the clock this warrant to the serjeant at arins attending this day.
House, to bring in custody the said person, to Sir William Jones reports from the committee i be named to Mr. Speaker from the said comappointed to meet with a committee of the mittee, for his warrant for that purpose. lords, for adjusting the methods and circum
November 30. stances relating to the trials of the Lords in Ordered, That the serjeant at arms attendthe Tower, That the committee having met, ing this House do go with his mace, and sum. their lordships returned an answer to several mon all the members of this House, that are in propositions made by the committee of this or about Westminster-hall, immediately to atHouse as followeth ; viz,
tend the service of the House,
debito Modo exerceantur et exequantur; ec House of Lords, November 30.
pro eo quod Proceres et Magnates in presenti The earl of Essex reported from the commit- • Parliamento Nostro,assern blat. Nobis bumiltee of both Houses,“ That yesterday their lime supplicaverunt, ut Senescallum Angl. pro lordships agreed with the Commons, that the hac Vice constituere dignaremur; Nos, de members of the House of Commons who are to Fidelitate, Prodentia, provida Circumspecmanage the evidence against the lord viscount ' tione, et industria vestris plurimum confideoof Stafford, at his trial, should speak to the tes, ordinavimus et constituimus vos, ex hac Lords as a House, and noi to the Lord High Causa, Senescallum Angliæ, ad Officium illud, Steward.
'cum omnibus eidem Oficio in hac parte debit. Upon which, it being moved, “ That their et pertinen. (bac Vice) gerend. occupand. et lordships would consider, whether it be not fit exercend. Et ideo Vobis inandamus, quod to bave his majesty's commission for a Lord' circa Præmissa diligenter intendatis, et omnia High Steward read in this House, before an quæ in hac Parte ad Oficium Senescalli Anadjournment be made into Westminster Hall :") glæ pertinent et requiruntur, hac Vice, faciaIt was agreed to.
tis, exercetis, et exequamini cum Effectu. la Then a Commission for appointing a Lord
cujus Rei Testimonium, bas Literas Nostras
fieri fecimus Patentes. High Steward for the trial of ihe lord viscount of Stafford, was read (all the Peers standing up
• Teste Meipso, apud Westm. Triceuncovered), as followeth:
simo die Novembris, Anno Regni
"Nostri Tricesimo Secundo. Per • CAROLUS R.
ipsum Regem, propria Manu sig. · Carolus secundus, Dei Gratia, Angl. Sco'æ, • Franciæ, et Hiberniæ Rex, Fidei Defensor,
“ BARKER." . &c. Prædilecto et Fideli Consiliario Nostro He• neagio Dom. Finch Dom. Cancellario Nostro Then the Lord Bishop of London, for bin. • Angliæ, Salutem : Cum Will’us Comes Powis, self and the rest of the Bishops, delivered in s
Will’us Vicecomes Stafford, Henricus Domi-Prutestation ; which they desired may be es. nus Arundell de Wardour, Will’us Dominus tered; which was read, as followeth: • Petre, et Joh'es Dominus Bellasis, coram “ The Lords spiritual of the llouse of Peers • Nobis in Parliamento, per Milites, Cives, et do desire the leave of this House, to be absent
Burgenses, in Parliamento Nostro assemblat. froin the crial of the lord viscount Stafford; by • de Alta Proditione, et aliis atrocissiinis Cri- protestation, saving to themselves and their minibus et Offensis, per ipsos Will'um Comi successors all such rights in judicature as they
tem Powis, Will'um Vicecoinitem Stafford, bave by law, and of right ought to have.” · Henric. Dominum Arundell de Wardour, Then in regard of ihe age and weakness of • Willium Dominum Petre, et Job'em Domi- the lord viscount Stafford, it was agreed, that
num Bellasis, commiss. et perpetrat. in No- his Jordship should be permitted to have a • mine ipsorum · Militum, Civium, et Burgen- stool or chair to sit on. • sium, et Nomine omnium Communium Regni The House having taken into consideration • Nostri Angliæ, impetiti et accusati existunt; the formalities to be observed in the proceedings • Nos, considerantes quod Justitia est Virtus ex at the trial of William lord viscount Stafford in • cellens, et Altissimo complacens, volentesque Westminster.ball; agreed, That the serjeant
quod prædictus Willius Vicecomes Stafford, at arms be continued in the House, to make . de et ppo Proditione et aliis Criminibus et Of proclamations which are to be made in the • fensis, unde ipse (ut præfertur) irnpetitus et king's name. . accusatus existit, coram Nobis, in præsenti Then the House was adjourned into West• Parliamento Nostro, secundum Leg. et Con- minster-hall; whither the Lords went, in that
suetudin. hujus Regni Nostri Angl. et secun- order as they have directed; Garter king al . dum Consuetudinem Parliamenti, audiatur, arms calling them in their due places by a
examinetur, sententietur, et adjudicetur, cæ list. teraque omnia quæ in bac Parte pertinent
The Trial of WILLIAM Viscount STAFFORD,* before the Lords at
Westminster, on an Impeachment for High Treason, 32 Car. II. November 30, A. D. 1680,
resolution of that House, to proceed to the The First Day.
Trial of those Lords, then in the Tower, and WILLIAM earl of Powis, William viscount forthwith to begin with the said viscount StafStafford, Henry lord Arundel of Wardour, ford, and to desire their lordships to appoint a William lord Petre, and John lord Beliasis, convenient day for the Trial of the said viscount having been formerly impeached in the House Stafford : Their lordships did thereupon appoint of Lords, of High 'Treason, and other high the 30th day of Noveinber 1680, for his Trial. crimes and offences, by the House of Commons, and a place in Westminster-ball having been for in the name of themselves, and of all the Com- that purpose erected, the same was as followeth : mons of Eugland:
viz. Therein were both seats and wool.packs, And the House of Commons having sent a correspondent in all points to those in the Message to the Lords,to acquaint them with 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 he 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 Jiis 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 beard 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 bad 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 binself: which, considering the feebleness of to me to arise towards the latter end, that conbis 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 satisfied that all was untruth they laid to his general to the army, Dugdale swore, that he charge. But the poor gentleman was condemnoffered bim 500l. to kill the king. Bedlow had ed by a majority of 22. He heard bis accusers died the suinmer before at Bristol. It was in and defended himself with great steadiness and the time of the assizes : North, Lord Chief resolution, and received his sentence with great Justice of the common pleas, being there, he courage and composure ; nor did he stoop besent for him, and by oath confirmed all that be neath the weight of his doom, till he submitted had sworn formerly, except that which related his head to the block, with his last breath proto the queen, and to the duke. He also denied testing his innocence, and the cruel wrong he upon oath, that any person had ever practised | suffered. My lord Halifax was one that
gare upon him, or corrupted bim: His disowning his voice for him ; and the king, who heard all some of the particulars wbich he had sworn his trial, was extremely concerned at the rihad an appearance of sincerity, and gave much gour and abruptness of his fate."-" The credit to his former depositions. I could never unfortunate lord Stafford came to the House hear what sense he expressed of the other ill parts of Lords, and was admitted under a noof bis life, for he vanished soon out of all men's tion that he had some discorery, or confession thoughts." Burnet.
to make, concerning the popish plot : but inSir John Reresby thus mentions this case : stead of that, he only protested his own inno.
“ Westminster-ball was the place, and I think cence, and accused lord Shaftsbury of a corit was the deepest solemnity I ever saw. Great respondence with the papists, and of sending were the expectations of the issue of this event, him to the duke of York, to desire him to use it being doubtful whether there were more whó his interest with the king to dissolve the long believed there was any plot by the papists in parliament, as the best thing that could be done reality against the king's life, than not. He io favour the popish interest, and so he was rewas impeached by the Commons, and being manded back again.--Lord Stafford was led