Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt by Peers was presided over by the Lord High Steward, Lord Finch (1621 – 1682).179 Stafford was implicated by Titus Oates, who stated that he saw a document naming Stafford as a conspirator against King Charles II.180 Two other witnesses testified that Stafford had tried to persuade and bribe them to kill the King.181 In addressing the Lords, who acted as the jury in the proceedings, the prosecution argued: But this indeed is but presumptive Evidence which will induce a moral persuasion. We shall now produce such positive Evidence as will make a judicial certainty, and will abundantly suffice to convince your Lordships and convict this Lord.182 After hearing the evidence, the Lord High Steward directed the prosecution, to sum up the evidence, i.e. “to state the Fact”:183 My Lords, The Evidence is so strong, that I think it admits of no doubt, and the Offences proved against my Lord and the rest of his Party are so foul that they need no aggravation. …. If the matter be fully proved (as I see no reason to doubt but that it is) I am sure your Lordships will do that Justice to Your King and Countrey [sic] as to give Judgment against these Offenders, which will not only be a Security to us against them, but a Terror to all others against committing the like Offences.184 Another member of the prosecution proceeded further in summing up the “Points in Law”:185 We very well know your Lordships sit now in the Seat of Justice, and whatsoever credit or regard your Lordships please to give to the Protestations of a Peer in another Case, your Lordships will proceed here only according to your Proofs and your Evidence (secundum allegata & probata) and therefore all we shall say to this, is, that we hope our Proofs are so clear and evident, as will leave no room to your Lordships to believe this Noble Lords[sic] Protestations.186 The language in these early cases is not necessarily used with precision and consistency. Sheppard argues that the Stafford case demonstrates that “[m]oral certainty and its correlative forms of doubt were already accepted 179 Bill, p. 6. Lord Finch was the Lord Chancellor of England, a senior functionary in the government with judicial functions. See also J.P. Kenyon, The Popish Plot 86 (Phoenix Press Reissue 2000). 180 Bill, p. 36-41. 181 Bill, p. 30-35 (testimony of Dugdale) and p. 144-46 (testimony of Turberville). 182 Bill, p. 55 (italics in original). 183 Bill, p. 217(italics in original). 184 Bill, p. 238-239 (italics in original). 185 Bill, p. 239 (italics in original). 186 Bill, p. 240 (italics in original). 40