The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1901-07-26
Antiquated Procedure Revived in
Bigamy Case.
JUDGED BY HIS PEERS.
Trial of Viscount Stafford
for Treason.

ever British pear accused Oh Il leioHt 10
demand that Judgment be passed Upon
him 10y the House of Lords. and in con-
sequence this branch of Parliament, re-
solved into Il court. has tried some Of the
most famous cases in the annals of Eng
land
The procedure of the peers is anti
QuattNl. 1t is likewise supremacy solemn
and undoubtedly tedious. Except in Il
few details the customs and usagcs at
changed in centuries, and the ancient
records are full OF picturesque accounts
that give some notion Of what may be ex-
pectel when Earl Russell is called to the
bar. \ particularly famous case and one
OF which a minutely detailed account is
given IN the record Of state trials was
that OF \lscount Stafford.
The Trial of Stafford.
When Oates revealed his popish plot
in 1913, the minor persons whom he CON
nected with the conspiracy were hurried
to the scaffoll with frantic haste. but in
the cases of the English peers implicated
the government naturally proceeded with
greater deliberation, with the result that
only one, Niscount Stafford, was ever
brought to trial. The others. Earl Arun-
del of Wardour; the Earl of Fowls, Lord
tords unhappy fate, and lived to see
Oates the most despised man in Christen-
dom. These noblemen had all been pris-
oners in the Tower for a period of two
years, when, in November, 1850. the
Commons sent a message to the House
OF LORDS: expressing their desire to begin
forthwith the trial of Viscount Stafford
The charge against all was the same, Of
having plotted the murder Of Charles H.,
the overthrow of his throne and the es-
Enlistment Of papal dominion in Eng
land
The lords appointed November 80 as
the day on which the trial should begin.
anu designated Westminster hall as the
place. a peer Of England had never
been brought to Judgment under circum-
stances commanding wider attention, and
that preparations for the trial were made
with due solemnity and elaboration, is
shown by this quaint account from the
record Of state trials and proceedings for
high treason:
"A place in Westminster hall having
been erected for that purpose, the same
was as followeth: Therein were both
seats and woolsacks. correspondent in all
points to those in the House of Lords:
also state, placed at the upper end
thereof. with a cabinet for the King,
and whom his majesty should think fit to
attend him there on the right hand the
state; also galleries overhead for ambas-
sadors and others. and to the end that
upon this great occasion, there were
erected for them on each side. divers
benches, on several degrees, extending to
the utmost walls of the hail.
Lord Finch Presided.
The King constituted Lord Finch, bar
on Of Coventry and chancellor of Eng
land, lord high steward. On the morn
ing nf Tuesday, the Both, everything be-
ing IN readiness. Lord Finch set out from
ms house III Queen street. in his coach
'r!Iing in the hinder end thereof
re was accompanied to Westminster
by all the judges Of the Kings bench, by
tleman usher Of the black rod. who. in
stead OF his usual emblem of authority,
bore white wand. Thus attended,
Lord Finch proceeded in state to the
House of Peers, where he found all thr
lords clad in their scarlet robes, and the
b'shnps in their rockets. The peers i'm
mrdlately adjourned to Westminster hall
whlther they went in a solemn process
sion headed by the assistants to the
clerk Of Parliament, following whom
went the clerk of the crown in chancery
and the clerk Of Parliament: after them
the masters in chancery, two and two
and the Kings attorney general, walk
my alone: then the judges of all the
courts IN westminster hall. two and two.
Followed by the noblemen:s eldest sons
after them four sergeants-at-arms. bear
ing their maces; next the gentleman ush-
er of the black rod, preceding the noble
men, who were ranged according to their
rank. the juniors first, thus: barons, Wis
counts. earls: then the lord high chamber
lain Of the household, followed by mar
Qulses and dukes; after them the lord
prlvy seal, lord president Of the council
ana four more scrgeants-at-,rms, with
f1n,, h>
ing the great seal; then one of his mai
estys gentlemen ushers. carrying the
white wand, the garter principal-at-arms
walking by his side; next the lord high
steward alone, having his train home.
and finally his highness Rupert, duke of
Cumbcrand. prince Of the blood"
In silence the lordly throng wendell it's
the Court Of Requests. and thence
through the Court OF Wards. the wall of
which had been torn down in one place.
so as to afford their lordships a direct
and convenient passage into Westmin-
sterr hall. When the lord high steward
mad seated himself upon the uppermost
woolsack. he received from the garter
principal-at-arms the white wand, which
ne delivered to the gentleman usher of
the black rod. in whose keeping # 70.
manned during the trial At Lord
tlnch's command the crier proclaimed ST.
lSuit alttI the ilcienl form: ~ VeZ.
ytz: 0 yez. All manner of persons
are straitly commanded to keep silence
upon pain Of Imprisonment. God save the
King" Then he called upon the lielten-
ant of the tower Of London to bring
Stafford to the har: lieutenant of the
tower of London. bring forth thy pris-
oner, William. Viscount Stafford. unon
pain and peril. shall fall thereon. God
save the King
Brought to the Bar.
Stafford was then brought to the bar,
the headman's axe. with it's edge turned
from him, being borne before. He knelt
before the lord high steward as the clerk
began to read his Indictment, but that
document was so intolerably long that, in
view of his age and weakness. he was
permitted to rise ana sit while the read
ing proceeded. ITO imprison. depose and
murder. his sacred majesty the King
the indictment ran, Ito deprive him of
his royal state. crown and dignity. and
having by malicious and advised speak.
ing: writing and otherwise, declared such
their purposes and Intentions: and also
to subject this nation to the Pope and to
his tyrannical government" These were
some of the offenses of which Visconnt
Stafford and his fellow prisoners were ac-
cused. The specific charges were embod-
led in deposition which Titus Oates
made before the House of Commons on
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