271. Proceedings against the Five Popish Lords, viz. the Earl of Powis, Lord Viscount STAFFORD, Lord PETRE, Lord ARUNDEL of WARDOUR, and Lord BELLASYSE, for High Treason: Together with the Trial of Lord Viscount STAFFORD: 30 CHARLES II-1 JAC. II. A. D. 1678-1685.

[Of these five Lords, only one (Stafford) was brought to trial. The Proceedings against the others are nevertheless interesting and instructive in many respects; it is therefore thought proper not to omit them: and as those Proceedings are intimately connected with the Trial of Lord Stafford, arose out of the same transaction, and upon one prosecution, the whole are incorporated into one article, in order to avoid the many repetitions or references which would be inevitable if the Cases were separated.]

the business :

That his lordship would render himself to the
Lord Chief Justice.

After some debate of this business, the further consideration was put off until to-morrow. October 26.

Bellasis having all his papers seized by virtue
The House being informed, That the lord
of the Lord Chief Justice's warrant, he desires
that the said papers may be sealed up in a bag,
dered. And the like Order to be for all the
and brought into this House. Which was or-
warrant from the Lord Chief Justice.
lords who are apprehended by virtue of the

Who said, That last night about 9 o'clock, he received a letter from the Speaker of the The lord Petre, being in the House, took noHouse of Commons, dated from the Speaker's chair, to come to the House of Commons about tice, That he heard of a warrant issued out business of great concernment. against him by the Lord Chief Justice of EngAccordingly he attended the House of Commons; where land; and he desired to know the cause of it. the Speaker told him, That the House of Com-cellor to acquaint his lordship what account Hereupon the House directed the Lord Chanmons had received accusations of High Treason against Five Lords and some gentlemen, and desired him to issue out his warrants for their apprehension. The persons were, the earl of Powis, viscount Stafford, the lord Arundel of Wardour, the lord Petre, and the lord Bellasis; and, upon this, he issued out his warrants for their apprehension; having taken the examination of Titus Oates upon oath: That the earl of Powis and the lord Arundel were brought to him this morning, in custody; and he advised them to render themselves to the Gatehouse, where now they are.

Upon this, the examination of Oates was -read; whereby it did appear, that the lord viscount Stafford was charged to be in a conspiracy of treason against the king.

The lord viscount Stafford denied the fact ; and after this withdrew.

And after a while the House was informed,

VOL. VII.

the Lord Chief Justice gave the House yesterday, and upon what grounds he issued out his warrant for apprehending him and several other' drew himself; and the House made these Orlords, for High Treason. His lordship withders following:

"Ordered, by the Lords spiritual and temporal in parliament assembled, that the gentleman usher of the black rod attending this House, do forthwith take the lord Petre into his custody, and carry him in safety to the Tower of London, for treason wherewith he is charged, there to remain till he shall be discharged by due course of law; and this to be a sufficient warrant on that behalf.

"To sir Edward Carteret, gentle

man usher of the black rod at-
tending this House, bis deputy
and deputies."

4 I

had in France, was by some letters of news, The first correspondency, he says, which he which he wrote to sir Wm. Throgmorton, about the time of the siege of Mastreicht; any new being welcome at a siege; and by that way the correspondency between him and La Ferrier was introduced and says, That upon the death of La Ferrier, which was about the time that the French king possessed himself of French Counte (which, he takes it, was the year after the siege of Mastreicht) he sent a narrative to La Chaise, to give him an account Ferrier and him; but after that wrote not above of the transactions that had passed betwixt La three or four letters to La Chaise; and that then the correspondency betwixt them ceased.

He also said, That he had kept a correspon. dency with the pope's nuncio at Bruxells; which correspondency was first introduced by a proposition that Father Patrick brought from the nuncio there into England, of a great sum of money that should be given by the pope to the king of England, if the catholics here in England might have some favour, answerable to it: but the proposition being so confused that they did not understand it, he was sent by the duke of York to the nuncio at Bruxells, to understand the proposition.

And he says, When he came to Bruxells, the nuncio told him, He had no authority from the court of Rome to make any such proposi

1

tion; but did it as a private person, and not by order from the court of Rome: but says, That the nuncio, being then to go to Rome, promised Mr. Coleman to do what service there he could in that business: but says, he hath not held any correspondency with the nuncio this three or four years; nor with any other person, so as to manage an affair: that perhaps might touch upon the business in some letters.

He says, The cypher marked with the provincial's mark, was the cypher betwixt him and St. German; and that he always wrote to the provincial in plain words, and not in cypher; and that there was another cypher betwixt him and Blankart, who was secretary to M. Rovigney; but that was only upon small concerns, and not upon any thing of this na

ture.

And Mr. Coleman being then asked by the committee, whether he knew of any other sum of money that was proposed or treated on; he answered, that he believed there was money proposed, to keep the king of England from joining with the confederates against France; but does not know of any money paid.

Ordered, That Mr. Richardson, keeper of the prison of Newgate, be forthwith sent for to attend this house.

Mr. Secretary Williamson acquaints the house that in pursuance of the order of the house, the members of this house which are of his majesty's privy council, had attended his majesty: and that his majesty was pleased to signify, that all the papers and writings relating to the plot should be communicated to the house: and that orders were given pursuant to his majesty's command.

Ordered, That the papers relating to the plot now under examination, be delivered to the committee apointed to translate Mr. Coleman's Letters: And that col. Birch, sir William Frackland, sir Cyrill Wych, sir Tho. Mompesson, sir John Coventry, lord Clifford, Mr. Devereux, sir John Hanmer, sir John Reresby, sir John Waerden, sir Ed. Mansel, Mr. Hall, lord Allington, sir Rich. Temple, be added to the committee: And they are to meet this afternoon; and to sit de die in diem, until they shall have perfected the matters to them referred: And they are impowered to send for persons, papers, and records.

|

HOUSE OF LORDS, October $1.

Whereas William lord Petre stands committed by this house to the Tower of London, for Treason, wherewith he is charged: It is this day ordered, That the constable of the said Tower, his deputy and deputies, do take care that the said lord Petre be kept close prisoner, and not suffered to come to the other prisoners, nor to have the use of pen, ink or paper, till further order.

HOUSE OF COMMONS, November 1.

Resolved, &c. That this house would proceed by way of Impeachment against the lord

Arundel of Wardour.

Ordered, That a committee be appointed to prepare and draw up Articles of Impeachment against him.

HOUSE OF LORDS, November 8.

The Lord Treasurer reported, That himself and the other lords went yesterday, according to their lordships order, to examine some of the prisoners in the Tower. And the first they had before them was sir John Gage, who owns the examinations which was taken of him, by sir Thomas Stringer, to be upon oath; and that the paper which they shewed him (which was put into their hands by sir Thomas Stringer) was a copy of his said examination. But he denies that he was examined by the Lord Chief Justice; or that he ever received any letter or commission whatsoever from Mr. Oates; or that he knew any thing of any plot against his majesty's service, or against the government.

"Sir William Goring was before them next; who likewise denied any kind of knowledge of those things which he was accused of, or that he knew any such man as Mr. Oates.

"They then sent for the lord Arundel of Wardour; whom they first examined as to his being privy to Mr. Coleman's going to Brussells, to the pope's nuncio ; and urged to him, "That the letters to Coleman, from the nuncio, did give a caution, that none should be trusted with the business, but his royal highness and the lord Arundel.' Yet his lordship did absolutely deny that he knew any thing of the transaction between Coleman and the said nuncio, or of Coleman's errand into Flanders; but said, It was likely he took his leave of him 'before he went.'

Mr. Richardson, Keeper of the prison of Newgate, being called in, to give an account, What persons have had any communication with Mr. Coleman, since his commitment; he "His lordship did own, Coleman was twice acquainted the house, That there had not been with him that day Coleman's papers were any person admitted to come to, or converse seized; that the first time they discoursed of with Mr. Coleman, since his imprisonment, ex-indifferent matters; the last time (which was cept his servant, to know what he wanted, and his wife, by virtue of an order from the privy Council And that he himself was present whilst she was with him; and that she did not deliver him any thing; and that she was not permitted to discourse to him any thing of news, nor any thing relating to the plot now under examination, besides the committees appointed by each house of parliament to examine him.

about six in the evening) Coleman spoke of his papers being seized; and that thereupon his lordship advised him to follow his papers, and render himself.

Being asked, his lordship further declared, He never saw Mr. Oates in his life; and that he never was at Mr. Langhorn's chamber but once, and never saw him but that time, and that he never did any business for him;

and that he was so far from having any ac- | the horrid design against his majesty's person quaintance with Mr. Langhorn's sons, that he did not know that Mr. Langhorn was married, until he lately asked the question.' And as for bis lordship's receiving any patent, commission, or any power from foreigners, he saith, He never did, but hath a patent for count of the empire, and for the place of master of the horse to her late majesty the queen mother; and never had any other.'

"His lordship further declared, "That he had never any thing to do with any Jesuit; but that he knows most of those that are in prison.'

"The lord Petre was the last that their lordships examined; and they acquainted his lordship with Mr. Oates's deposition against him, "That he had received a commission for lieutenant General, from Mr. Oates, in Mr. Langhorn's chamber, in the presence of Mr. Lang. worth; and that Mr. Langworth gave his lordship joy thereupon." All which his lordship did utterly deny; or that he knew Mr. Oates, or had ever seen him; or that he ever saw Mr. Langhorn, or was at his chamber, or knew where his chamber was.' His lordship did indeed acknowledge, That he knew Langworth; and that he had lately heard that Mr. Oates had been at his house; but that he never heard of his name until Michaelmas eve last, when his lordship's house was searched for Mr. Langworth.

"And as for his offering any thing to persons that should change to the Romish religion; his lordship doth absolutely disown it: As also that ever he had any commerce with Mr. Coleman about any matter of business.

"This is the sum of what their lordships had to acquaint the house with; besides an humble supplication of the said lords, which they desired their lordships would acquaint the house with, in regard they cannot petition the house, being debarred from the use of pen, ink, and paper; which is, That this house would be pleased to remit their close imprisonment; and that they might be permitted to walk in the Tower, for their health, which is in danger by their present close restraint."

November 23.

Ordered, by the Lords spiritual and temporal in parliament assembled, That the lords committees appointed to examine persons and papers concerning the horrid design against his majesty's person and government be, and are hereby, empowered to peruse all the papers and writings of the earl of Powis, lord Arundel of Wardour, and lord Bellasis, prisoners in the Tower, which, being seized, are now in the cus

tody of the clerk of the parliaments; and to give the House an account thereof.

November 26.

Upon report made by the earl of Essex, from the lords committees appointed to exame persons and papers for the discovery of

and government, "That their lordships have perused all the papers and writings of the earl of Powis, now a prisoner in the Tower; which, being seized, were, by order of this house, brought and delivered into the custody of the clerk of the parliaments; and find not any paers or writings in the least relating to the said horrid design, they being papers merely of private concern:"

It is thereupon ordered, by the Lords spiritual and temporal in parliament assembled, That the said papers and writings may be delivered to the earl of Powis, or such person or persons as his lordship shall appoint to receive the same; and for so doing, this shall be a sufficient warrant.

December 5.

A Message was brought from the House of Commons, by Mr. Wharton, &c.

"That the Commons of England in parlisment assembled, having received information of divers traiterous practices and designs of a great peer of this house, Henry lord Arundel of Wardour, have commanded him to impeach the said Henry lord Arundel of Warder, of treason, and other high crimes and misdemeanors; and he did here, in their names, and in the names of all the Commons of England, impeach the said Henry lord Arundell of War. der, of treason, and high crimes and misdemeanors.-They have further commanded him to acquaint your lordships, That they will in convenient time exhibit to your lordships the Articles of the Charge against him.”

A Message was brought from the Commons, by Mr. Maynard and others :

"That the Coinmons of England in parliament assembled, having received information of divers traiterous practices and designs of a great peer of this house, William earl of Powis, have commanded him to impeach the said Wil liam earl of Powis of treason, and other high crimes and misdemeanors; and he did here, in their names, and in the names of all the Commons of England, impeach the said William earl of Powis of treason, and high crimes and misdemeanors.-They have further commanded him to acquaint your lordships, That they will within convenient time exhibit to your lordships the articles of the charge against him."

A Message was brought from the Commons, by Mr. Thynn, &c.

"That the Commons of England in parliament assembled, having received information of divers traiterous practices and designs of a great peer of this house, John lord Bellasis, have commanded him to impeach the said John lord Bellasis of treason, and other high crimes and misdemeanors; and he did here, in their names, and in the names of all the Commons of England, impeach the said John lord Bellasis of treason, and high crimes and misdemeanors.-They have further commanded him to acquaint your lordships, That they will within convenient time exhibit

to your lordships the Articles of the Charge against him."

A Message was brought from the Commons, by sir Philip Warwick:

"That the Commons of Eugland in parliament assembled, having received information of divers traiterous practices and designs of a great peer of this house, William lord Petre, have commanded him to impeach the said William lord Petre of treason, and other high crimes and misdemeanors; and he did here, in their names, and in the names of all the Commons of England, impeach the said William lord Petre of treason, and high crimes and misdemeanors. They have further commanded him to acquaint your lordships, That they will within convenient time exhibit to your lordships the Articles of the Charge against him."

A Message was brought from the Commons, by sir Scroope How, &c.

"That the Commons of England in Parliament assembled, having received information of divers traiterous practices and designs of a great peer of this house, William lord viscount Stafford, have commanded him to impeach the said William lord viscount Stafford of treason, and other high crimes and misdemeanors; and he did here, in their names, and in the names of all the Commons of England, impeach the said William lord viscount Stafford, of treason, and high crimes and misdemeanors.-They have further commanded him to acquaint your lordships, That they will within convenient time exhibit to your lordships the articles of the charge against him."

Ordered, That these Impeachments be taken into consideration to-morrow; and all the Judges to be then present.

December 17.

taken at the council table; which were read as followeth.

"December 24th 1678. Miles Prance a silversmith, being this day examined at large, touching the murder of sir Edmondbury Godfrey, and being upon oath interrogated what he knew concerning the Plot, made answer as followeth :

"That he was at Mr. Ireland's chamber, in Russel Street, some time before Michaelmas ; and that, Fenwick and Grove being there present, Ireland said, 'That there would be 50,000 men in arms.' Prance asking, where they would be had, and what to do?"Ireland said, We must have them in a short time, to settle religion; or else all would be ruined.'

"That, soon after this, Grove came to his shop, to buy two silver spoons, for a christning where he was to be godfather. Prance asked him, What office he should have in the army? He answered, He did not know.' But asking him, Who was to govern this army? He said, 'The lord Powis, the lord Bellasis, lord Petre, and lord Arundel.'

"And further saith, that he was also told by Mr. Fenwick, That the lord Powis, lord Bellasis, and lord Arundel, were to command the army.'

"He further saith, that there came to his shop Mr. Le Fevre, to buy a second hand sword; and being asked by him, 'What he meant to do therewith?' He answered,' He knew not what times they should have.' Prance replied, What then shall we poor tradesmen do?' He said, That when catholic religion was brought in, it would be better for tradesmen; and particularly there would be more church work for goldsmiths.'

in the court at Somerset house, and speaking of that brave horse, Moore wished that he had 10,000 of them; and hoped in a short time that they might have them, for the catholic cause.

"He further says, that one Mr. Moore, that belongs to the duke of Norfolk, was seen by Upon report made by the earl of Clarendon, him riding in the streets on a very brave horse; from the lords committees for examining per-upon which occasion, meeting him afterwards sons and papers concerning the horrid design against his majesty's person and government, "That their lordships have perused the papers and writings of the lord Arundel of Warder, which were seized, and by order of this house "That one Lawrence (an apothecary in delivered into the custody of the clerk of the Drury-lane, over against the end of Queen's parliaments, and have taken out such of them street), when the oaths were upon tendering, as may be evidence, in order to the further dis-wished, That half the parliament were poisoncovery of the said horrid design; and desiring the directions of the house for the disposal of the remainder thereof:"

It is thereupon ordered, by the Lords spiritual and temporal in parliament assembled, That all such of the lord Arundel of Warder's papers as are only of private concernment may be delivered, by the clerk of the parliaments, to such person or persons as the lord Arundell of Warder shall appoint to receive the same: And this shall be a sufficient warrant on that bebalf.

December 26.

PRANCE'S EXAMINATION ABOUT THE PLOT. The duke of Monmouth, by his majesty's command, communicated to the House, the examinations of Miles Prance and others,

ed; for they would ruin them all.'

"He further said, that he hath heard one Mr. Messenger (that belongs to the lord Arundel), say, That he hoped to see the catholic religion flourish here before it be long. And as concerning the Plot, he has no more to say.' December 28.

The earl of Essex acquainted the House, "That he had received an information out of the country, of very great concernment."