1680. if there be feveral Overt-Acts or Facts which are Evidences Anno 32Car.IÎ, of the fame Treafon, if there be one Witness to prove one fuch Overt-Act at one time, and another Witness to prove another Overt-Act at another time, both the Acts being Evidence of the fame Treafon, these are two fufficient Witneffes of that Treason, and will maintain an Indictment or an Impeachment of Treafon.' The reft of the Judges declar'd themselves of the fame opinion; and one of them, Baron Atkins, by way of Explanation, faid, If a Man degns to kill the King, and buys Powder at one Place at one time, and a Pistol at another Place at another time, and promises a Reward to one to affift him to do the thing at a third Place and a third time, these are several OvertActs: But if the Law requires that each be prov'd by two Witneffes, I do not fee how any Man can be convicted of Treafon.' December 6. The Lords, by Meffage, acquainted the Refolutions of House, that they had appointed the next day to give Judg- the Commons ment on Lord Stafford; on which the Houfe refolved nem. con. That this Houfe will then go, together with their Speaker, to the Bar of the Houfe of Lords, to demand Judgment upon the Impeachment of the Commons of England against the faid Lord; and ordered, that no Member do go into the Court at Westminster-Hall to-morrow Morning before this Houfe fhall have demanded Judgment, as aforefaid. The 7th, the House refolved, That the Managers of the Impeachment against the Lord Stafford be empowered, in cafe the Lords fhould, immediately after the Fact found, proceed to Judgment, to infift upon it, that it is not parlia mentary for their Lordships to give Judgment, until it be first demanded by this Houfe. Mr. Speaker then left the Chair, and the Committee of the Commons were prefent, at the Court in Weftminster Hall, when the Peers found the faid Lord guilty of HighTreason. When the Lord-Chancellor, now Lord High Steward, collecting the Votes, which were 55 guilty, 31 not guilty; the faid High-Steward pronounced Lord Stafford guilty of High-Treafon, who reply'd, God's holy Name be He is found praifed! And then being ask'd, what he could fay for himself, guilty. why Judgment of Death fhould not pafs upon him, according ao Law? he added, My Lord, I have very little to fay; I confefs I am furpris'd at it, for I did not expect it. But God's Will be done; I will not murmur at it. God forgive those who have falfely fworn against me!" After which the Houfe, with Mr. Speaker and the Mace, Judgment dewent up to the Bar of the House of Lords, and, by Mr. manded by the Speaker, in the Name of the Commons in Parliament, and Commons. of Anno 32 Car. II. of all the Commons of England, demanded Judgment of High-Treafon. 1680. The Lord The House then return'd, and the Lords by Meffage fignified, that they were going presently to give the faid Judg ment. The managing Committee then went into WestminsterHall, and were present when the Lords gave Judgment, &c. At which time, the Lord High-Steward made the followHigh-Steward's ing Speech to the Parliament: That which remains now to Speech upon it. be done, is very fad on my Part; I have never given Sentence on any Man, and I am very forry I must begin with your Lordship, a Perfon of your Quality and Fortune, defcended of Noble Ancestors, a great Sufferer in the late Times, oblig'd to the Government for the Moderation you had in the Exercife of your Religion; oblig'd to the King's Father, and fo much to this King: Yet you have gone about not only to confult his Death, but even the Deftroying of three whole Nations, both of Body and Soul, as far as in you lay; of which you ftand impeach'd by the Commons, and have been found Guilty by the Lords. There have been many and great Confpiracies against the Life of the King for the deftroying of the Government; and they have been carry'd on by Confults, Letters and otherways; by the Burning of London, and the Death of Sir Edmundbury Godfrey, the Plot hath been carry'd on abroad, at Whitehall, and London, and your Lordship hath been concern'd in them all, with a Mixture of Malice: You have call'd the King Heretic, and faid, he was an Enemy to God Almighty; here the Proverb is verify'd, Curfe not the King, tho in the Inward-Chamber, for the Birds of the Air will reveal it. It hath pleas'd God to leave you to yourself, and you have digg'd a Pit, and fallen into it yourself. God never leaves any Man until they leave themselves; think not ftill well of your Religion, and let not blind Guides mif-lead you; true Repentance is never too late, and be not perfuaded not to confefs that Sin in public, which you poffibly have been abfolv'd of in private: For whatfoever Value you fet on the Prayers of them you call Heretics, yet I am fure, That both they that clear'd you, and thofe that condemn'd you, are forry for your Condition. I will pray for your Lordship; and this is the laft Time I must call you my Lord.' And fo he pronounc'd Sentence of Death against him according to the ufual Form in Cafe of High-Treafon. . The 9th, A Complaint of one Mr. Peter Norris, having been referr'd to a Committee, Col. Birch deliver'd in the following remarkable Report, from the faid Committee, on that Occafion. • That That the Committee had not thought fit to come to any Anño 32Car.. Refolution, but had order'd him to report the Matter fpe- 1680. cially to the House. That the Committee, in the firft Place, procur'd cer- Colonel Birch's tain Papers to be reftor'd to the faid Norris, which had remarkable Re been taken from him, and were lodg'd in the Council- port of the Cafe Chamber. That it appear'd from the faid Papers, and Certificate, deliver'd to the Chair-man of the Committee, by the Earl of Effex, That the faid Norris was fent beyond Sea, by Dr. Tongue, to fetch over one Dowdal, an Irish-Priest, who was privy to the whole Plot; as, by feveral Letters to the faid Dr. Tongue, perus'd by the Earl of Effex, was apparent. A known Merchant of London, had alfo declar'd, that the faid Dowdal was an honeft Man, of good Underftanding, and of mighty Credit. That the Committee, proceeding to enquire, who had, at any Time, Knowledge of the fending over for the faid Dowdal, found an Order of Council, dated July 18, 1679,, permitting the faid Dowdal, there call'd Edward; tho' not mention'd as a Prieft, to come for Dover, and stay for a Month. And it, likewife, appears, that not long after the faid Order was obtain'd, Dowdal died not without Sufpicion that it was by Violence: Tho' it doth not appear that his Death was known in England, till the Return of Norris, which was about ten Months after the Date of the faid Order: Upon which, the Committee proceeded to examine how it came to pass, that the faid Norris was in fuch Danger beyond Sea, particularly when coming on board the PacketBoat at Calais; as likewife, concerning his Imprisonment at Dover, by a Meffage: And they found it to be, by a Defcription given of the faid Norris to Secretary Jenkins, May 29, 1680, in thefe Words: "Peter Norris, fome call him Morris, a Scotchman, handfome, neat Face, fanguine Complexion, fhort Nofe, bald Pate, white Whig, flender Body, little Stature, civil and fmooth in Difcourfe, fpeaking French, aged 34 Years, more or lefs, Taylor by Trade. And, under this Defcription, written with another Hand, and Ink, these Words: Went into France, Wednesday was three Weeks, to bring with him a Prieft. That it appear'd to the Committee, that this Defcription was given to the Secretary, by one Thomas Sherridan, who profefs'd himself a Proteftant, born in Ireland, formerly an Officer of the Revenue there, fince belonging to the Duke's Court, while at Bruffels, and from whence he came over with him in his Yacht: But, that he deny'd the writing of one Norris, any 1680. Anno 32Car.II. any Part of it, except the laft Line. That, it was written and brought to him by one Anthony Day, Physician to the late Army in Flanders That Sherridan having produced Day, both were examin◄ ed feverally. That the faid Day confefs'd himself a Papift, pleaded very little acquaintance with Sherridan; but that not having feen him for fix Weeks, he made him a Vifit, and being ask'd by him News of the Plot, he the faid Day reply'd, that now the whole Plot would be discover'd, for there was one gone beyond Sea to fetch over a Prieft that knew it all. That he doth not remember any more was then faid: but that fome few Days after, meeting Sherridan, the faid Sherridan defir'd him to defcribe the Person that was fo fent over; to which Day reply'd, that he did not know him, but that he had his Intelligence from one Butler, who kept a BrandyShop near the French Ambaffador's. Sherridan then defired him to procure the Defcription of him, which he did; and it being fhew'd to him, he confefs'd he wrote it from the faid Butler's Mouth, all but the laft Line; adding, that Butler was now dead, but his Wife ftill living. "That Sherridan being examined in his Turn, made good his former Confeffion: And that his acquaintance with Day was but flight, &c. That he went fhortly after to Secretary Jenkins, to whom he difclos'd all he had learn'd of Norris and his Journey: And moreover, that he fuppos'd the Priest who was to be brought over, was to be a Witness. That thereupon, the faid Secretary commanded him to procure a Defcription of Norris, the Perfon fent over; which was all he remember'd to have pass'd at that Time. That fome fhort time after, he met with Day, who gave him the faid Description, in the Prefence of one Wilson of the Middle Temple, which he deliver'd shortly after to Mr. Secretary, as he remembers, only with thefe Words; Sir, here is the Defcription of the Perfon I mention'd to you." After this Description, deliver'd to the Secretary, a Letter was written by Mr. Cook, which Mr. Secretary declared to the Committee he would take upon himself in these Words following: SIR, Whitehall, May 31, 1680. THE Right Hon. Sir Leoline Jenkins, one of his Majefty's principal Secretaries of State, being haftily called this Day to wait upon his Majefty at Windfor, hath commanded me to fend you this inclos'd Defcription of a Perfon, who, if he fhall happen to come from France, and land at your Port, Mr. Secretary faith, you will do the King and Kingdom great Service if you will keep a ftrict Eye upon him, and the Company that fhall come with him, 'till they be all brought before Mr. Mayor, or other chief Magiftrate of your 1680. your Town, when Mr. Secretary directs to offer the Aano g2 Car.II, faid Perfons the Oaths of Allegiance and Supremacy; and in cafe of their, or any of their Refufal of the fame, to fecure them and deal with them according to Law: Giving Mr. Secretary an account, with what Speed may be, of all the Proceedings in this Affair; if fuch Perfon, as is here defcribed, fhall come, and make no bones of taking the faid Oaths. Yet, in cafe Mr. Mayor, or other Chief Magiftrate, before whom they are brought, fhall have reasonable ground to fufpect he is the Man fo describ'd, and that he hath one or more in his Company, who may be reasonably fufpected to be a Priest, some handsome courfe is to be taken to detain them till Mr. Secretary can be acquainted with what is done, and tend fuch farther Directions as fhall be thought neceffary. Mr. Mayor's Authority, with your Prudence and Zeat in this matter, will, I hope, produce a good Effect upon this Command. I am.your moft humble Servant, JOHN COOK F. Upon this Norris was committed to the common Prifon, as mentioned in his Complaint. All which being of Hore than ordinary nature, the Committee thought not fit to give any opinion; but humbly refer it to the Wisdom of this Houfe. The confequence of this was, that Sherridan and Day were ordered to be brought in Cuftody of the Serjeant at Arms to the Bar of the Houfe, and a Committee was ap pointed to inspect their Papers: After which they were ordered to continue in Cuftody during the Pleature of the House. The 10th, the faid Affair was farther debated; and Mr. Secretary Jenkins having given an account to the Houfe of his Proceedings therein, and being withdrawn. Refolved, That the Imprisonment of Peter Norris at Do- Sir Leoline Jenver was illegal; and that the Proceedings of Sir Leoline kins cenfured g Jenkins, one of the principal Secretaries of State, by defcrib the House. ing the faid Peter Norris, and directing fuch h's Imprifonment was illegal, arbitrary, and an Obftruction to the Evi dence for the Discovery of the horrid Popish Plot. The 14th, it appearing to the Houfe by the Report made at the Bar, and by the Confeffion of Sir Robert Peyton (a Member) in his Place, that the faid Sir Robert Peyton had negotiated with the Duke of York, by the means of the Earl of Peterborough, Mrs. Cellier, and Mr. Godfrey, at TOME II. C fuch |
