The History of England - Vols. 1 to 6 (502 page)

In the house of commons, the reasoning of the exclusionists appeared the more convincing; and the bill passed by a great majority. It was in the house of peers that the king expected to oppose it with success. The court party was there so prevalent, that it was carried only by a majority of two to pay so much regard to the bill as even to commit it. When it came to be debated, the contest was violent.

Shaftesbury, Sunderland, and Essex argued for it: Halifax chiefly 15th Nov.

conducted the debate against it, and displayed an extent of capacity and a force of eloquence, which had never been surpassed in that assembly.

He was animated, as well by the greatness of the occasion, as by a rivalship with his PLL v6.0 (generated September, 2011)

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uncle Shaftesbury; whom, during that day’s debate, he seemed, in the judgment of all, to have totally eclipsed. The king was present during the whole debate, which was prolonged till eleven at night. The bill was thrown out by a considerable majority.

All the bishops, except three, voted against it. Besides the Exclusion bill

influence of the court over them; the church of England, they rejected.

imagined or pretended, was in greater danger from the

prevalence of presbyterianism than of popery, which, though favoured by the duke, and even by the king, was extremely repugnant to the genius of the nation.

The commons discovered much ill humour upon this disappointment. They immediately voted an address for the removal of Halifax from the king’s councils and presence for ever. Though the pretended cause was his advising the late frequent prorogations of parliament, the real reason was apparently his vigorous opposition to the exclusion-bill. When the king applied for money to enable him to maintain Tangiers, which he declared his present revenues totally unable to defend; instead of complying, they voted such an address as was in reality a remonstrance, and one little less violent than that famous remonstrance, which ushered in the civil wars. All the abuses of government, from the beginning almost of the reign, are there insisted on; the Dutch war, the alliance with France, the prorogations and dissolutions of parliament; and as all these measures, as well as the
damnable
and
hellish
plot, are there ascribed to the machinations of papists, it was plainly insinuated, that the king had, all along, lain under the influence of that party, and was in reality the chief conspirator against the religion and liberties of his people.

The commons, though they conducted the great business of the exclusion with extreme violence and even imprudence, had yet much reason for the jealousy, which gave rise to it: But their vehement prosecution of the popish plot even after so long an interval, discovers such a spirit, either of credulity or injustice, as admits of no apology. The impeachment of the catholic lords in the Tower was revived; and as viscount Stafford, from his age, infirmities, and narrow capacity, was deemed the least capable of defending himself, it was determined to make him the first victim, that his condemnation might pave the way for a sentence against the rest.

The chancellor, now created earl of Nottingham, was appointed 30th Nov.

high steward for conducting the trial.

Three witnesses were produced against the prisoner; Oates, Dugdale, and Turberville.

Oates swore, that he saw Fenwic, the jesuit, deliver to Stafford a Trial of Stafford, and commission signed by de Oliva, general of the jesuits, appointing execution.

him pay-master to the papal army, which was to be levied for the subduing of England: For this ridiculous imposture still maintained its credit with the commons. Dugdale gave testimony, that the prisoner, at Tixal, a seat of lord Aston’s, had endeavoured to engage him in the design of murdering the king; and had promised him, besides the honour of being sainted by the church, a reward of 500

pounds for that service. Turberville deposed, that the prisoner, in his own house at Paris, had made him a like proposal. To offer money for murdering a king, without laying down any scheme, by which the assassin may insure some probability or possibility of escape, is so incredible in itself, and may so easily be maintained by any prostitute evidence, that an accusation of that nature, not accompanied with PLL v6.0 (generated September, 2011)

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circumstances, ought very little to be attended to by any court of judicature. But notwithstanding the small hold, which the witnesses afforded, the prisoner was able in many material particulars, to discredit their testimony. It was sworn by Dugdale, that Stafford had assisted in a great consult of the catholics held at Tixal; but Stafford proved by undoubted testimony, that at the time assigned he was in Bath, and in that neighbourhood. Turberville had served a noviciate among the Dominicans; but having deserted the convent, he had enlisted as a trooper in the French army; and being dismissed that service, he now lived in London, abandoned by all his relations, and exposed to great poverty. Stafford proved, by the evidence of his gentleman and his page, that Turberville had never, either at Paris or at London, been seen in his company; and it might justly appear strange, that a person, who had so important a secret in his keeping, was so long entirely neglected by him.

The clamour and outrage of the populace, during the trial, were extreme: Great abilities and eloquence were displayed by the managers, Sir William Jones, Sir Francis Winnington, and serjeant Maynard: Yet did the prisoner, under all these disadvantages, make a better defence than was expected, either by his friends or his enemies: The unequal contest, in which he was engaged, was a plentiful source of compassion to every mind, seasoned with humanity. He represented, that, during a course of forty years, from the very commencement of the civil wars, he had, through many dangers, difficulties and losses, still maintained his loyalty: And was it credible, that now, in his old age, easy in his circumstances, but dispirited by infirmities, he would belye the whole course of his life, and engage against his royal master, from whom he had ever received kind treatment, in the most desperate and most bloody of all conspiracies? He remarked the infamy of the witnesses; the contradictions and absurdities of their testimony; the extreme indigence in which they had lived, though engaged, as they pretended, in a conspiracy with kings, princes, and nobles; the credit and opulence to which they were at present raised. With a simplicity and tenderness more persuasive than the greatest oratory, he still made protestations of his innocence, and could not forbear, every moment, expressing the most lively surprize and indignation at the audacious impudence of the witnesses.

It will appear astonishing to us, as it did to Stafford himself, that the peers, after a solemn trial of six days, should, by a majority of twenty-four voices, give sentence against him. He received however with resignation the fatal verdict.
God’s holy name
be praised,
was the only exclamation which he uttered. When the high-steward told him, that the peers would intercede with the king for remitting the more cruel and ignominious parts of the sentence, hanging and quartering; he burst into tears: But he told the lords, that he was moved to this weakness, by his sense of their goodness, not by any terror of that fate, which he was doomed to suffer.

It is remarkable, that, after Charles, as is usual in such cases, had remitted to Stafford the hanging and quartering, the two sheriffs, Bethel and Cornish, indulging their own republican humour, and complying with the prevalent spirit of their party, ever jealous of monarchy, started a doubt with regard to the king’s power of exercising even this small degree of lenity. “Since he cannot pardon the whole,” said they, “how can he have power to remit any part of the sentence?” They proposed the doubt to both houses: The peers pronounced it superfluous; and even the commons, apprehensive PLL v6.0 (generated September, 2011)

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lest a question of this nature might make way for Stafford’s escape, gave this singular answer. “This house is
content,
that the sheriffs do execute William late viscount Stafford by severing his head from his body
only.
” Nothing can be a stronger proof of the fury of the times, than that lord Russel, notwithstanding the virtue and humanity of his character, seconded in the house this barbarous scruple of the sheriffs.

In the interval between the sentence and execution, many efforts were made to shake the resolution of the infirm and aged prisoner, and to bring him to some confession of the treason, for which he was condemned. It was even rumoured, that he had confessed; and the zealous partymen, who, no doubt, had secretly, notwithstanding their credulity, entertained some doubts with regard to the reality of the popish conspiracy, expressed great triumph on the occasion. But Stafford, when again called before the house of peers, discovered many schemes, which had been laid by himself and others for procuring a toleration to the catholics, at least a mitigation of the penal laws, enacted against them: And he protested, that this was the sole treason, of which he had ever been guilty.

Stafford now prepared himself for death with the intrepidity, which became his birth and station, and which was the natural result of the innocence and integrity, which, during the course of a long life, he had ever maintained: His mind seemed even to collect new force from the violence and oppression, under which he laboured.

When going to execution, he called for a cloak to defend him 29th Dec.

against the rigour of the season. “Perhaps,” said he, “I may shake with cold; but, I trust in God, not for fear.” On the scaffold, he continued, with reiterated and earnest asseverations, to make protestations of his innocence: All his fervour was exercised on that point: When he mentioned the witnesses, whose perjuries had bereaved him of life, his expressions were full of mildness and of charity. He solemnly disavowed all those immoral principles, which over-zealous protestants had ascribed without distinction to the church of Rome: And he hoped, he said, that the time was now approaching, when the present delusion would be dissipated; and when the force of truth, though late, would engage the whole world to make reparation to his injured honour.

The populace, who had exulted at Stafford’s trial and condemnation, were now melted into tears, at the sight of that tender fortitude, which shone forth in each feature, and motion, and accent of this aged noble. Their profound silence was only interrupted by sighs and groans. With difficulty they found speech to assent to those protestations of innocence, which he frequently repeated: “We believe you, my lord! God bless you, my lord!” These expressions with a faultering accent flowed from them. The executioner himself was touched with sympathy. Twice he lifted up the ax, with an intent to strike the fatal blow; and as often felt his resolution to fail him. A deep sigh was heard to accompany his last effort, which laid Stafford for ever at rest. All the spectators seemed to feel the blow. And when the head was held up to them with the usual cry,
This is the head of a traitor,
no clamour of assent was uttered. Pity, remorse, and astonishment had taken possession of every heart, and displayed itself in every countenance.

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This is the last blood which was shed on account of the popish plot: An incident, which, for the credit of the nation, it were better to bury in eternal oblivion; but which it is necessary to perpetuate, as well to maintain the truth of history, as to warn, if possible, their posterity and all mankind never again to fall into so shameful, so barbarous a delusion.

The execution of Stafford gratified the prejudices of the country party; but it contributed nothing to their power and security: On the contrary, by exciting commiseration, it tended still farther to encrease that disbelief of the whole plot, which began now to prevail. The commons, therefore, not to lose the present opportunity, resolved to make both friends and enemies sensible of their power. They passed a bill for easing the protestant dissenters, and for repealing the persecuting statute of the thirty-fifth of Elizabeth: This laudable bill was likewise carried through the house of peers. The chief justice was very obnoxious for dismissing the grand jury in an irregular manner, and thereby disappointing that bold measure of Shaftesbury and his friends, who had presented the duke as a recusant. For this crime the commons sent up an impeachment against him; as also against Jones and Weston, two of the judges, who, in some speeches from the bench, had gone so far as to give to many of the first reformers the appellation of fanatics.

The king, in rejecting the exclusion bill, had sheltered himself securely behind the authority of the house of peers; and the commons had been deprived of the usual pretence, to attack the sovereign himself, under colour of attacking his ministers and counsellors. In prosecution however of the scheme, which he had formed, of throwing the blame on the commons in case of any rupture, he made them a new speech. After warning them, that a neglect of this opportunity would never be retrieved, he added these words: “I did promise you the fullest satisfaction, which your hearts could wish, for the security of the protestant religion, and to concur with you in any remedies, which might consist with preserving the succession of the crown in its due and legal course of descent. I do again, with the same reservations, renew the same promises to you: And being thus ready on my part to do all that can reasonably be expected from me, I should be glad to know from you, as soon as may be, how far I shall be assisted by you, and what it is you desire from me.”

The most reasonable objection against the limitations, proposed by the king, is, that they introduced too considerable an innovation in the government, and almost totally annihilated the power of the future monarch. But considering the present disposition of the commons and their leaders, we may fairly presume, that this objection would have small weight with them, and that their disgust against the court would rather incline them to diminish than support regal authority. They still hoped, from the king’s urgent necessities and his usual facility, that he would throw himself wholly into their hands; and that thus, without waiting for the accession of the duke, they might immediately render themselves absolute masters of the government.