STAFFORD'S TRIAL (1680).

+Source.+--Evelyn's _Diary_. Vol. ii., pp. 158-163. Bohn edition.

_November 30._ The signal day begun the trial (at which I was present)

of my Lord Vicount Stafford, for conspiring the death of the King;

second son to my Lord Thomas Howard Earl of Arundel and Surrey, Earl

Marshall of England, and grandfather to the present Duke of Norfolk,

whom I so well knew, and from which excellent person I received

so many favours. It was likewise his birthday. The trial was in

Westminster-Hall, before the King, Lords, and Commons; just in the same

manner as, forty years past, the great and wise Earl of Strafford (there

being but one letter differing their names) received his trial for

pretended ill government in Ireland, in the very same place, this Lord

Stafford's father being then High-Steward. The place of sitting was now

exalted some considerable height from the paved floor of the Hall, with

a stage of boards. The throne, woolpacks for the Judges, long forms for

the Peers, chair for the Lord Steward, exactly ranged, as in the House

of Lords. The sides on both hands scaffolded to the very roof for the

members of the House of Commons. At the upper end, and on the right side

of the King's state, was a box for his Majesty, and on the left, others

for the great ladies, and over head a gallery for ambassadors and public

ministers. At the lower end, or entrance, was a bar, and place for the

prisoner, the Lieutenant of the Tower of London, the axe-bearer and

guards, my Lord Stafford's two daughters, the Marchioness of Winchester

being one; there was likewise a box for my Lord to retire into. At the

right hand, in another box, somewhat higher, stood the witnesses; at the

left, the managers, in the name of the Commons of England, namely,

Serjeant Maynard (the great lawyer, the same who prosecuted the cause

against the Earl of Strafford forty years before, being now near eighty

years of age), Sir William Jones, late Attorney-General, Sir Francis

Winnington, a famous pleader, and Mr. Treby, now Recorder of London, not

appearing in their gowns as lawyers, but in their cloaks and swords, as

representing the Commons of England: to these were joined Mr. Hampden,

Dr. Sacheverell, Mr. Poule, Colonel Titus, Sir Thomas Lee, all gentlemen

of quality, and noted parliamentary men. The two first days, in which

were read the commission and impeachment, were but a tedious entrance

into matter of fact, at which I was but little present. But, on

Thursday, I was commodiously seated amongst the Commons, when the

witnesses were sworn and examined. The principal witnesses were Mr.

Oates (who called himself Dr.), Mr. Dugdale, and Turberville. Oates

swore that he delivered a commission to Viscount Stafford from the Pope,

to be Paymaster-General to an army intended to be raised;--Dugdale

[swore] that being at Lord Aston's, the prisoner dealt with him plainly

to murder his Majesty; and Turberville, that at Paris he also proposed

the same to him.

_3rd December._ The depositions of my Lord's witnesses were taken, to

invalidate the King's witnesses; they were very slight persons, but,

being fifteen or sixteen, they took up all that day, and in truth they

rather did my Lord injury than service.

_4th._ Came other witnesses of the Commons to corroborate the King's,

some being Peers, some Commons, with others of good quality, who took

off all the former day's objections, and set the King's witnesses _recti

in Curiâ_.

_6th._ Sir William Jones summoned up the evidence; to him succeeded all

the rest of the managers, and then Mr. Henry Poule made a vehement

oration. After this my Lord, as on all occasions, and often during the

trial, spoke in his own defence, denying the charge altogether, and that

he had never seen Oates, or Turberville, at the time and manner

affirmed; in truth, their testimony did little weigh with me; Dugdale's

only seemed to press hardest, to which my Lord spake a great while, but

confusedly, without any method.

One thing my Lord said as to Oates, which I confess did exceedingly

affect me: That a person who during his depositions should so vauntingly

brag that though he went over to the church of Rome, yet he was never a

Papist, nor of their religion, all the time that he seemed to apostatise

from the Protestant, but only as a spy; though he confessed he took

their sacrament, worshipped images, went through all their oaths, and

discipline of their proselites, swearing secrecy and to be faithful, but

with intent to come over again and betray them;--that such an hypocrite,

that had so deeply prevaricated as even to turn idolator (for so we of

the Church of England termed it), attesting God so solemnly that he was

entirely theirs and devoted to their interest, and consequently (as he

pretended) trusted;--I say, that the witness of such a profligate wretch

should be admitted against the life of a peer,--this my Lord looked upon

as a monstrous thing, and such as must needs redound to the dishonour of

our religion and nation. And verily I am of his Lordship's opinion: such

a man's testimony should not be taken against the life of a dog. But the

merit of something material which he discovered against Coleman, put him

in such esteem with the Parliament, that now, I fancy he stuck at

nothing, and thought everybody was to take what he said for gospel. The

consideration of this, and some other circumstances, began to stagger

me; particularly how it was possible that one who went among the Papists

on such a design, and pretended to be intrusted with so many letters and

commissions from the Pope and the party, nay and delivered them to so

many great persons, should not reserve one of them to show, nor so much

as one copy of any commission, which he who had such dexterity in

opening letters might certainly have done, to the undeniable conviction

of those whom he accused; but, as I said, he gained credit on Coleman.

But, as to others whom he so madly flew upon, I am little inclined to

believe his testimony, he being so slight a person, so passionate, so

ill-bred, and of such impudent behaviour; nor is it likely that such

piercing politicians as the Jesuits should trust him with so high and so

dangerous secrets.

_7th December._ On Tuesday I was again at the trial, when judgment was

demanded; and, after my Lord had spoken what he could in denying the

fact, the managers answering the objections, the Peers adjourned to

their House, and within two hours returned again. There was, in the

meantime, this question put to the judges, "whether there being but one

witness to any single crime, or act, it could amount to convict a man of

treason." They gave an unanimous opinion that in case of treason they

all were overt acts, for though no man should be condemned by one

witness for any one act, yet for several acts to the same intent it was

valid; which was my Lord's case. This being past, and the Peers in their

seats again, the Lord Chancellor Finch (this day the Lord High-Steward)

removing to the woolsack next his Majesty's state, after summoning the

lieutenant of the tower to bring forth his prisoner, and proclamation

made for silence, demanded of every peer (who were in all eighty-six)

whether William, Lord Viscount Stafford, were guilty of the treason laid

to his charge, or not guilty.

Then the Peer spoken to, standing up, and laying his right hand upon his

breast, said Guilty, or Not Guilty, upon my honour, and then sat down,

the Lord Steward noting their suffrages as they answered upon a paper:

when all had done, the number of Not guilty being but 31, the Guilty 55:

and then, after proclamation for silence again, the Lord Steward

directing his speech to the prisoner, against whom the axe was turned

edgeways and not before, in aggravation of his crime, he being ennobled

by the King's father, and since received many favours from his present

Majesty: after enlarging on his offence, deploring first his own

unhappiness that he who had never condemned any man before should now be

necessitated to begin with him, he then pronounced sentence of death by

hanging, drawing, and quartering, according to form, with great

solemnity and dreadful gravity; and after a short pause, told the

prisoner that he believed the Lords would intercede for the omission of

some circumstances of his sentence, beheading only excepted; and then

breaking his white staff, the Court was dissolved. My Lord Stafford

during all this latter part spake but little, and only gave their

Lordships thanks after the sentence was pronounced; and indeed behaved

himself modestly, and as became him.

It was observed that all his own relations of his name and family

condemned him, except his nephew, the Earl of Arundel, son to the Duke

of Norfolk. And it must be acknowledged that the whole trial was carried

on with exceeding gravity: so stately and august appearance I had never

seen before; for besides the innumerable spectators of gentlemen and

foreign ministers, who saw and heard all the proceedings, the prisoner

had the consciences of all the Commons of England for his accusers, and

all the Peers to be his Judges and Jury. He had likewise the assistance

of what counsel he would, to direct him in his plea, who stood by him.

And yet I can hardly think that a person of his age and experience

should engage men whom he never saw before (and one of them that came to

visit him as a stranger at Paris) _point blank_ to murder the King: God

only who searches hearts, can discover the truth. Lord Stafford was not

a man beloved, especially of his own family.

* * * * *

_22nd._ A solemn public Fast that God would prevent all Popish plots,

avert his judgments, and give a blessing to the proceedings of

parliament now assembled, and which struck at the succession of the Duke

of York.

_29th._ The Viscount Stafford was beheaded on Tower-hill.

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