In the case of the Earl of Danby, the King's power of granting him a pardon was warmly disputed; it being supposed, that the crown had no power to remit the penalty of high treason. So far was this notion stretched, that, as we have already seen, the sheriffs, Bethel and Cornish, contested, in the case of Lord Stafford, the king's right to exchange the statutory punishment of hanging, drawing, and quartering, for that of beheading. They applied by petition to the House of Commons to have their scruples removed, and, _proh pudor!_ received the countenance of Lord Russell in this brutal scruple. The king did not forget this circumstance when the writ was issued for Russell's execution: "He shall find," said Charles, in appointing the commutation of punishment, "that I have the privilege which he was pleased to deny in the case of Lord Stafford." The petitioners, mentioned immediately afterwards, are those who called upon the king by petition to summon the parliament. These applications were highly displeasing to Charles, whose followers, to balance them, made equally violent addresses, expressing their abhorrence of tumultuary petitions. Almost every county and town was thus divided into petitioners, and addressers, or abhorrers, as they were sometimes called. The former experienced, on occasion of presenting their petitions, the royal frowns; while the latter were in a very summary manner committed, by the House of Commons, to the custody of their serjeant. This arbitrary course was ended by the refusal of one Stowel to submit to the arrest, which contempt the House were fain to pass over, by voting that he was indisposed. Note XLIV. _By their own arts 'tis righteously decreed, Those dire atificers of death shall bleed. Against themselves their witnesses will swear, Till, viper-like, their mother-plot they tear._--P. 247. This is rather an imprudent avowal of what was actually the policy of the court faction at this time. They contrived to turn against Shaftesbury and his party, many of those very witnesses by whom so many Catholics had been brought to execution. Dugdale, Turberville, Haynes, and Smith, all of whom had been witnesses of the plot, now came as readily forward to convict Colledge, Howard, and Shaftesbury himself, of high treason. Such infamous traffic ought to have deprived them of credit on all sides; but it was the misfortune of the time, that, swear what they would one day, and the exact contrary the next, they, on each occasion, found a party to countenance, believe, and reward them. FOOTNOTES: [Footnote 294: See a very scurrilous one, entitled, "The Queen's Ball," in the _State Poems_, Vol. III. p. 74, beginning,