Evelyn's Diary. 30 Nov 1680. The signal day begun the trial (at which I was present) of my Lord Viscount Stafford (age 66), (for conspiring the death of the King (age 50), second son to my Lord Thomas Howard, Earl of Arundel and Surrey, Earl Marshal of England, and grandfather to the present Duke of Norfolk (age 52), whom I so well knew, and from which excellent person I received so many favors. It was likewise his birthday, The trial was in Westminster Hall [Map], before the King (age 50), 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, woolsacks 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 (age 50) state, was a box for his Majesty (age 50), 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 (age 66), the Lieutenant of the Tower of London, the ax-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 (age 76) (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 (age 49), late Attorney-General, Sir Francis Winnington (age 46), 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 (age 57), Sir Thomas Lee (age 45), all gentlemen of quality, and noted parliamentary men. The first two 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 among the Commons, when the witnesses were sworn and examined. The principal witnesses were Mr. Oates (age 31) (who called himself Dr.), Mr. Dugdale (age 40), and Turberville (age 32). Oates (age 31) swore that he delivered a commission to Viscount Stafford (age 66) from the Pope, to be Paymaster-General to an army intended to be raised; Dugdale (age 40), that being at Lord Aston's, the prisoner dealt with him plainly to murder his Majesty (age 50); and Turberville (age 32), that at Paris he also proposed the same to him.

Evelyn's Diary. 06 Dec 1680. One thing my Lord (age 66) said as to Oates (age 31), 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 apostatize from the Protestant, but only as a spy; though he confessed he took their sacrament; worshiped images, went through all their oaths and discipline of their proselytes, swearing secrecy and to be faithful, but with intent to come over again and betray them; that such a hypocrite, that had so deeply prevaricated as even to turn idolater (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 dishonor 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, ill bred, and of such impudent behavior; nor is it likely that such piercing politicians as the Jesuits should trust him with so high and so dangerous secrets.