Stafford's Memoires: OR, A Brief and Impartial Account OF THE BIRTH and QUALITY, IMPRISONMENT, TRYAL, PRINCIPLES, DECLARATION, COMPORTMENT, DEVOTION, Last SPEECH, and Final END, OF WILLIAM, late Lord Viscount STAFFORD, Beheaded upon Tower-hill on Wednesday the 29. of December 1681. Published for Rectifying all Mistakes upon this Subject.

Wisd. 4.

Vitam illorum estimabamus insaniam, & Finem illorum sine Honore, &c.

Hereunto is also annexed a short APPENDIX concerning some Passages in STEPHEN COLLEDGES TRIAL.

Printed in the Year, MDCLXXXI.

The INTRODUCTION.

IT is a wonder to see how Passion and Inte­rest predominate over Reason in Mankind; Nothing is done, nothing said, without some tincture of either, or both. Even common Occurrences are usually related as Men would have them to be, rather then as they are. Plain-dealing is almost fled: And all things now a days, whether Private or Publick, Sacred or Prophane, are according to different Inclinations, without regard to Truth, promiscuously made the Subject of a Satyr or Pa­negirick.

An obvious example of this we have in the several accounts given of the Tryal, Declaration, Demeanor, and Death of the late Lord Staf­ford; concerning whose Tragedy, though acted for the most part in the face of the whole Nation, yet there have flown about in a manner as many, and those contradictory Stories, as there are Relaters; and such as know least, commonly talk most, to compleat the Error.

It is true, the Printed Tryal set forth by Authority is no wise liable to these gross mistakes; But it hath swelled in the Press, by forms, &c. To so vast a volume, that few can spare either money to buy it, or time to read it. Besides, it is in a manner silent of matters chiefly designed for the Subject of this Treatise ( viz.) My Lords Com­portment, Declaration, Devotion, Last Speech, and other Occurren­ces, which happened inclusively from the time of his Tryal, to his final end.

Having therefore attained to a most exact and certain knowledge of these particulars, I shall for the satisfaction of the curious, and mani­festation of Truth, give (together with an abstract of the whole Tryal, and some occurrences concerning it) a plain and sincere relation of what I know, and can by unquestionable Evidence justify to be true. And herein I shall also totally abstain from any the les [...] moralizing upon transactions, whereby to forestal the Readers Judgment. But con­tenting my self with a plain and candid Relation of things, as I find them, leave every one to the freedom of his own censure and verdict upon them.

SECT. I. My Lords Birth, Education, Quality, &c.

William Howard, Viscount Stafford, was second Son to Thomas Earl of Arundel, and Uncle to the now Duke of Norfolk. In his youth he was educated with all care and industry imaginable to improve in him the endow­ments of Nature and Grace. And to speak truth, he was ever held to be of a generous Disposition, very Charitable, Devout, addicted to Sobriety, inoffen­sive in his words, and a lover of Justice.

When he arrived to years of maturity, he married Mary, descended from the ancient Dukes of Buckingham, Grandchild to Edward, and Sister, and sole Heiress to Henry Lord Stafford; To whose Title he suc­ceeded (being created by the late King Charles of Glorious memory) Baron. Anno 1640. And soon after Viscount Stafford.

During the time of the last bloody Rebellion, he suffer'd much for his Loyalty to the King; Always behaving himself with that courage and constancy, as became a Nobleman, a good Christian, and a faithful Subject. After his present Majesties joyful restauration, he lived in Peace, Plenty, and Happiness, Being blessed with a most Virtuous Lady to his Wife, And many pious and dutiful Children. In which state he remained till the 66. year of his age, when happened this Revolution of his fortune, as followeth.

SECT. II. My Lords Imprisonment, Charge and Arraignment, &c.

ABout Michaelmas Anno 1678. Mr. Titus Oates (formerly a Mini­ster of the Church of England) accused upon Oath, before the King and Council, and not long after also before the two Houses of Par­liament, several Roman Catholicks, some Persons of Quality; (and a­mongst the rest, the Lord Viscount Stafford,) of High Treason, for in­tending and designing the Death of the King, the introducing of Pope­ry, and subversion of the Government.

My Lord, though he immediately heard of this Impeachment, yet re­lying (as he said) on his own Innocence, never left his Family, nor withdrew himself from his ordinary known Acquaintance and Affairs till the 25th of October, (78.) when by Virtue of a Warrant from the Lord Chief Justice, he was sent Prisoner to the Kings Bench, and from thence, soon after to the Tower, where he remained above two years before he could be admitted to Tryal.

During this interval, the whole Nation was surprized and allarm'd with the noise of an horrid Plot, contriv'd by the Pope, Priests, and Jesuits, wherein, the King was to be murthered, Armies raised, Prote­stants Massacred, and the three Kingdoms destroyed, by Fire and Sword, the People were affrighted, searches made, Guards doubled, and all in an uproar. The King hereupon consulted the Parliament, and both Houses declared it a Plot. Yet to strengthen the Evidence (as yet, but weak) and make farther discoveries; Indempnities are promised, Rewards proposed, and encouragements, given by Proclamation to any who would make out upon Oath the particulars of what in substance was [Page 3] already declar'd. By this, and the like sedulity of the King, and three succeeding Parliaments, several new Witnesses came in; First, Captain Bedlow. Next Dugdale, Prance, and two others Bolron, and Mowbray, out of the North; Then Mr. Jennison, Smith, Seigneur Francisco Dan­gerfield, Zeile, Lewis, &c. Lastly one Mr. Turbervile, who, together with Oates and Dugdale, gave Evidence against this Lord Stafford, of whom we now treat.

After two years Imprisonment, when many Roman Catholicks, both Priests and others, had been Executed, and most of the rest Imprisoned or fled; At length my Lord was brought to his Tryal, on the 30 th. day of Novem. 1680. at the Peers Bar in Westminster-Hall; the House of Com­mons being present, and the Lord Chancellor High-Steward of England. The Impeachment was drawn in the name of the Commons of England. Tryal, p. 4. wherein my Lord was charged, together with other Papists, for having imagin'd and contriv'd to murder the King, to introduce Popery, and sub­vert the good Government of Church and State established by Law.

To this Impeachment my Lord, being thereupon arraigned, pleaded Not Guilty.

Allegations in proof of the Plot in general. ¶ 1.

THen the Cause was opened, Pag. 7, &c. and the Commons Learned Counsel, who were appointed Managers of the Tryal, set forth the Charge in most Copious and Eloquent Language; And beginning first with the Plot in general, they shew'd to the life the Wickedness, the Malice, the Horror of so Dreadful, Bloudy and Hellish a Design. They strongly insi­sted on the express Positive Oaths of the Witnesses, upon whose Testi­mony the credit of this Plot chiefly depended. They amply dilated up­on the Letters of Coleman, and others, clearly demonstrating the busie Designs and Activity of the Writers. They pressed home the execrable Murder of Sir Edmundbury Godfrey, charged upon the Papists, as well by the Oaths of Captain Bedlow and Mr. Prance, self-acknowledged Partners in the Assasination, as also by a certain Letter sent from London to Tixall, intimating the Murder of a Justice of Peace, and communica­ted by Dugdale to divers Gentlemen in Stassordshire, the third day after the Murder was committed. They displayed to the full view the Sham-Plots and Counter-Contrivances, whereby (tis said) the Papists would have suborned the Kings Evidence, and turn'd all their Guilt upon His Majesty's known and well-experienced Loyal Protestant Sub­jects. They urg'd the firing the City, the burning the Navy, the calling in French-Armies, Wild-Irish, Spanish-Pilgrims, &c. asserted in the several Depositions and Narratives of Dr. Oats, Captain Bedlow, Mr. Danger­field, &c. They recapitulated the several Tryals of Ireland; Whitebread, Langhorn, &c. And alledged the Votes of both Houses of Parliament de­claring it a Plot. To strengthen all this, they ript up the Cruelties of Queen Mary, the French and Irish Massacres, the Powder-Plot, &c. They anatomiz'd the wicked Principles (from whence spring evil Pra­ctices) of Murdering, Lying, Swearing, Faith-breaking, Equivocating, &c. imputed to the Papists, as held by them lawful, and matters of Faith. In short, nothing was omitted, nothing neglected throughout the whole Process; But every the least Circumstance enforced and advanced to its full proportion, with such vigour of Wit and Industry as sitly correspon­ded to so great a Cause, prosecuted by so high an Authority, before so Illustrious Judges, and August an Assembly.

[Page 4] When the Managers themselves had made these efforts to shew the Ʋniversal Conspiracy, (as they term'd it) they produc'd six Witnesses to the same effect, whereby to second and confirm what they had thus in general asserted.

Mr. Smith's Deposition.

THe first was Mr. Smith, Pag. 17, &c, who deposed, That going into France, he became acquainted with Abbot Montague and one Father Bennet; These persons, to induce him to be a Catholick, told him he should have an Imployment amongst them; and that in a few years they would bring in their Religion into England, right or wrong; But this was not sufficiently prevalent with him to turn Papist; yet he lived with them several years. The motives of his Perversion. That at last he went into Italy, where the Jesuits perswa­ded him to discourse with Cardinal Grimaldi, the which he did; That the Cardinal made much of him; and he it was perverted him to the Romish Religion; That, upon occasion of shewing him a pair of Hang­ings, this Cardinal told him, He had great assurances the Popish Religion would prevail in England; That there was but one in the way; And that, to accomplish their Designs, they must take him out of the way. That the Jesuits there also publickly preached, and privately taught, That the King of England being an Heretick, whoever took him out of the way, would do a meritorious act. That after this, he studied several years at Rome; And that, whilst he was in the Colledge, he saw several of Cole­man's Letters. That, being made a Priest, he was sent into England with instructions to inform the Papists, They were not obliged to obey the King; but that they should endeavour to promote the Popish Religion. His Imploy­ment in Eng­land. That upon his arrival in England, he was placed with one Mr. Jenison in the Bishoprick of Durham, where his main Imployment was to root out the Jesuits, (as men ill-principled) and to disswade the Papists from sending Moneys to Colledges beyond-seas. That one Thomas Smith told him he received a Letter from the Lord Stafford, wherein my Lord said, He ex­pected some sudden Change.

Dugdale's Deposition.

NExt to Mr. Smith was Stephen Dugdale, pag. 21. &c. who deposed, That for about 15 or 16 years together, he had been acquainted, by seve­ral Letters, and other means, there was a Design carrying on for the bringing in of the Romish Religion. That the Papists were to have Money and Arms ready against the King's Death, (for he said he heard nothing of killing the King till the year 78.) That in October (78.) my Lord Aston and others should go to dispose of certain Arms they received, to the value of 30000 l. That the King of France was acquainted with all these Designs; and that he would furnish the Papists with Men, and afford them other Aid and Assistance, if the King should die, or be taken away. That he saw a Letter writ to Mr. Evers, (for all the Jesuits Let­ters were returned to him) wherein were these words, This night Sir Ed­mundbury Godfrey is dispatch'd. That he himself had contributed 500 l. His Contribu­tion for Arms, &c. 50. l. for Arms, &c. to carry on the Design. That about the year 78. there was an Indulgence published at all private Chappels, wherein who­soever was active for killing the King, should have a free Pardon of all their Sins. That he was told at Meetings, That the King being an He­retick, [Page 5] it was lawful to kill him; And that it was no more then to kill a Dog; That he had heard, That about the time the King should be kil­led, several Parties should be provided with Arms, and rise all on a sud­den at an hours warning, Armies ready at an hours war­ning. and so come in upon the Protestants, and cut their Throats; And if any did escape, there should be an Army to cut them off in their Flight; That he heard the Pope's daily In come was 24000 l. a day. The Popes con­tribution 1000 l. And that the same Pope (as he thought) had promised to con­tribute in the whole 1000 l. for the raising of Armies, and carrying on the above mentioned Design.

Mr. Prance his Deposition

THen Mr. Prance was produced, who deposed, Pag 25. &c That one Mr. Singleton a Priest told him, He would make no more to stab for­ty Parliament Men, then to eat his dinner, which he was then at.

Dr. Oates his Deposition.

NExt Doctor Oates gave Evidence, Pag. 25. &c. That in the year (76) he be­ing then a Protestant, and Chaplain in the Duke of Norfolk's Family, One Mr. Kemish and one Mr. Singleton Priests, advised him to hasten betimes to the Church of Rome, for that the Protestant Religion was now upon its last leggs. That hereupon (having had be­fore some suspicion of the designs of the Papists, and growth of Po­pery) to satisfie his curiosity, his feigned Conversion. he feigned himself a Convert: was seemingly reconciled; presently admitted by the Jesuits to do their business, entrusted in their secrets; and sent by them in April (77) with Treasonable Letters into Spain. That e're he arrived at Validolid, there were Letters got before him from England, wherein was expressed; That the King was dispatched, which was a cause of great joy to the Fa­thers there; But that this proved a mistake. That during his abode in Spain, he found the Ministers of that Court were very ready to advance Money, which Money was returned into England; And that the Pro­vincial of the Jesuits of Castile had also advanced 10000 l. That soon after this, The Provincial of Castile con­tribution 10000 l. he was present at a Sermon Preached to some Students, a­gainst the Oaths of Allegiance and Supremacy, wherein likewise the Kings Legitimacy was villified and abused; and it was declared, that his Re­ligion entitled him to nothing but Sudden death and Destruction. That returning into England in November following and bringing Letters for Mr. Strange, he heard Mr. Keines say in Mr. Strange's Chamber; he was mighty sorry for honest Will (meaning the Ruffian that was to kill the King) that he had missed in his enterprise. [Here Mr. Oates thought good to tell their Lordships. That the Papists were not so Zealous for the destruction of the King, till the King had refused Coleman the Dis­solving of the long Parliament: Then he went on to acquaint them,] That in December he departed from London to St. Omers, loaded with Letters from Strange and others, importing the hope they had the next year to effect their Design. That being at St. Omers he saw Letters out of Ireland, whereby he found that there, the Talbots and other persons were very zealous in raising of Forces, and resolved to let in the French King. That in February, several of St. Omers were imployed to several places in Germany and Flanders, to fetch and carry correspondences. [Page 6] That in March, Pickering attempting to kill the King, the Flint of his Gun was loose, and the King escaped, for which Pickering received a Discipline, Pickering re­ceive'd a Disci­pline. and the other ( viz. William Groves) a Chiding. That in April he returned to London; And that there was then a Consult held, first at the White-horse-Tavern, and then afterwards adjourned into particular Clubs, where the Confederates did resolve on the Death of the King; Afterwards a Promise of 30000 Masses And that Groves should have 500l. for his pains; And Picke­ring (being a Religious man) should have 30000 Masses. That in June he saw more Letters, and heard new Proposals, wherein a Reward of 15000 l. was offered to Sir George Wakemen for poysoning the King. That in July Mr. Strange very frankly told him how London was fired, and how many of those concerned were seized, and afterwards discharged by the Duke's Guards and Order.

Mr. Jennison's Deposition.

AFter Oates, Page 32. Mr. Jennison was called in, who deposed, That in fre­quent discourses with Mr. Ireland (now Executed) he heard him often say, That it was necessary, for the introducing of Catholick Religion, that the Government should be changed; And that it was an easie matter to Kill or Poyson the King. That he answered, God forbid. That here­upon Ireland told him he would remit the Twenty pounds he owed him, if he would go to Windsor, A Twenty pound Debt returned, for a Reward to kill the King. to assist to take off the King; But he expressed a great detestation of it. Then Ireland desired him to name some Stout Couragious Irish-men, proper for the Assasination; which he did, and Ireland approved of them. That he heard one Mr. Thomas Jennison, a Jesuit, say, If C. R. would not be R. C. he should not be long C. R. And that the said Jesuit added, If the King were Excontmunicated or Deposed, he was no longer King, and it was no great Sin to take him off. That about two months after, the said Jesuit told him there was a Design on foot, and that the Queen, Duke of York, the Lords in the Tower, and greatest Papists in England were in It. That there was a new Army to be raised, to bring in Catholick Religion; And that He (the said Jesuit) would procure him from the Duke a Commission in it, when the King was taken off. That he being surprized hereat, the Jesuit told him he should receive the Sacrament of Secrecy.

Mr. Dennis his Deposition.

THe last Witness was Mr. Dennis, page 30 who deposed, That he saw Dr. Oates in Spain, where he seemed to be a man of much busi­ness, and had a Bag of Money, some of which he lent him. That the Archbishop of Tuam told him in the presence of Dr. Oates, That Mr. Plun­ket, Primate of Ireland, was resolved to bring the French Power into Ire­land; And that there were several Collections of Money made in Ireland to support the Plot.

This is the sum of what the six Witnesses deposed; to whose Deposi­tions were annexed, and produced in Court (in order to the same end) the sevcral Records of Attainder of Coleman, Ireland, Whitebread, Lang­horn, &c. That of Coleman was read at length, and the others deposited on the Clerks Table, to be made use of as occasion should serve.

The Papists Plea to the above-specified Allegations. ¶ 2.

THus far hath been (as I may say) Indicted, Page 17. Arraigned, and Tryed, the Plot in general. My Lord Stafford (as the Managers declared) is not hitherto proved, but only supposed a Party in the Conspi­racy; The Plot in general is directly charged upon the Papists in general, and they must answer to the general Indictment; wherefore, though it be not my Design to defend Popery, yet I think it very pertinent and ne­cessary, before we enter upon my Lord's special Charge and Defension, to insert here some of those many things the Papists in general often did, and still do constantly alledge against the Premisses, in vindication of their Innocence. If in this I shall be accounted a Papist, or Popishly affe­cted, it will only be amongst those who love not to see Truth, contrary to their Interest; not to do Justice, though to an Adversary. To proceed then.

The Papists plead, The Papists plea against the Plot in ge­neral. That it is not the Clamour of the hainousness and horror of a Crime imputed, but the Guilt and clear Couviction of a Crime proved, that renders a man accountable to Justice, and punishable by the Law.

That as Treason is the worst of Crimes, so is the stain of Innocent Bloud (shed by Perjury) hard to be washed off.

That the bare positive Swearing of every person in every matter or manner, hand over head, is no sufficient Conviction of anothers Guilt; for if so, it would be in the Power of any six Knights of the Post to kill whomsoever they pleased, though never so Innocent; and for what they pleased, though never so absurd or impossible, by meer dint of Affidavit.

That false Accusations may be so laid, as that the contrary cannot pos­sibly be demonstrated by the Party accused; seeing no mortal man can distinctly prove where he was, and what he did, said, or heard, every day and every hour of his whole Life; Wherefore, to make justly valid an Accusation against another, the Laws of God and Man require,

First, That the Accuser be a Credible Witness, that is, not tainted with notorious Crimes or Villanies; for he that hath lost a sense of moral Honesty, hath lost his right to moral Credit, and may be indifferently pre­sumed to Swear any thing.

Secondly, That the Accusation be strengthened with probable Circum­stances; Circumstances which bring along with them some appearance of Truth, distinct from the bare Accusation it self; for otherwise, where the Ballance is equal in point of repute, between the Accuser and the Accused, it is as presumptive that the one should be guilty of Perjury, as the other of the Crimes charged upon him; And herein, the weaker the Credit of the Accusers are, the stronger ought the presumption of Circumstances to be, as natural Reason and Justice dictate.

Now neither of these two essential Conditions are found in the Evi­dence given of this pretended Plot.

As for the first Condition; What manner of men the Witnesses are who make these Discoveries; how notoriously Infamous; how stigmatiz'd with all sorts of Felonies, Forgeries, Cheats, Debaucheries and Wic­kedness, many Intelligent Protestants in their Consciences know; the Wittnesses themselves have been often forced to acknowledge, and [Page 8] several Courts of Judicature, can, upon Record give publick Testimony.

As for the second condition; there are not only no Circumstances con­firming the bare Oaths; But the whole series of the Evidence, is a meer bundle of Moral imposibilities, contradictions, aud nonsence. Here is a Plot (forsooth) contrived by the Papists, at a time when they had least, or rather no reason, to seek a Change; To kill the King, by whose merciful indulgence they lived in Peace; To wade through blood to an uncertain liberty, which they already sufficiently enjoyed; To overthrow the Government for the restablishing of which they so frank­ly in the late Wars exposed their lives and for tunes; This Plot must be managed by Persons of Quality, most remarkable peradventure of all others for firmness of Loyalty, and now through age and infirmities, retired from publick business and weary of the world; The whole body of Roman Catholicks, (men, before this hour, of known worth, vertue, integrity, and unblemished Reputation,) must all be involved by Vows, and Sacrements, in a design so black, and execrable, That God and nature abhorr to think on it. They must hazard their Honor, their Estates, their Families, their Bodies, their Souls, their All, in an en­terprize, so desperate and sottish, that none but mad-men would at­tempt it, and nothing but a miracle could either effect, or conceal it.

In this Plot are said to have been engaged for several years together divers Nations, England, Scotland, Ireland, France, Italy, Spain, Germa­ny, &c. (an affront, shame and scandal unto the greatest Part of Christen­dom) wherein many thousands of both Sexes, of different Interests, of all sorts, states and conditions, must necessarily have been privy to, and partners in the Villany. Now, that none of all this vast number should have any remorse for so bloudy a Treason; None all this while the Worth, Wit or Grace to reveal it; No intervening accident, no Levity, no dis­agreement of Parties, happen to detect it, till at last Dr. Oates Captain Bedlow, and by degrees their other Companions, raked out of Gaols, Whipt, Pillory'd, and one way or other branded with Infamy, made this Grand Discovery, (good men) out of tenderness of Conscience. This is somewhat hard to believe.

To prosecute this Plot the Witnesses attest there were huge Armies of Papists ( Dugdale mentioneth two hundred thousands) immediately to be raised; Pag. 70. These numberless Swarms, were to be provided with pro­portionable stores of Weapons, Ammunitions, &c. and all in a readi­ness for a general Massacre of Protestants at an hours warning; Oates and the rest likewise affirm they were well acquainted with all the most deep, and secret intrigues the Papists had, of this nature; Yet after all, when it comes to it; They cannot shew or direct where these Mil­lions of men, and Mountains of Magazines are; The Kings Officers, af­ter thirty months diligent scrutiny, could never find the least footsteps of any such thing. And 'tis imposible they should or could be invisibly dispersed or conveyed away upon so suddain and unexpected a discove­ry, especially in the very nick of time when they were to be made use on.

We are farther told of hundreds of Sealed Commissions for all sorts of Military Offices; my Lord Stafford (because no good Accountant) must be Paymaster General; Divers Patents granted for dignities of State; many Bulls and Breifs for Ecclesiastical preferments; And God knows how many even Bushels of Letters, and Pacquets, all containing [Page 9] most damnable Treason, sent nevertheless up and down at randam, some by the Common Post. Others by such Messengers as Oates, Bedlow, Dugdale and Dangerfield, who, as bosom Councellours, were still privy to the contents of what they carried too and fro, and became so dexterous in taking remarques, That they could exactly tell (when their memories failed not for fear of contradictions) the particular Dates, when, where, to whom, and from whom; Nay they could punctually recite upon their singers ends, the very express words of almost every Letter; Oates moreover declares, he was never a real Catholick, but only pretended to be so, Page 123. on purpose to make Discove­ries: And he was so successful in this Stratagem, that he gained from the Jesuits a Patent Coleman's Tryal. to be taken into the Consult. Is it possible then, that none of these men thus circumstanced, could get or preserve one single Letter, one sealed Commission, one scrip of Paper, one Original Writing, (a thousand manner of ways easily compassed in such a conjuncture) whereby to credit their monstrous Evidence? How came it about they did not at the first Discovery (having both time and opportunity to do it) seize by surprize some of these Things, together with the Persons, where they were lodged? Did all the Plotters burn their Commissions, Bulls, and Briefs, as well as their Letters, as soon as they received them? Why did not Oates shew us at least his own Patent received from the Jesuits? Surely it would have been of mighty force to strengthen his Testimony. Why did not the other Witnesses also produce some of those Treasonable Letters, writ, (as they said,) and directed to themselves? Nothing appear; nothing extant; nothing feisible, but a few naked, harmless men, in their several private Chambers? And this too, just when the Grand Design was to break into Action? What mortal man can re­concile these endless Contradictions?

From these, and other the like grounds, the Papists would infer, That no credit ought to be given to the bare Oaths of these men, swearing at this wild incoherent rate. And they farther appeal to the Judgment of every impartial conscientious man, Whether it be not more likely that a few Debauch'd Wretches, of lost Consciences, and desperate Fortunes, allured by Gain, and encouraged by Indempnities, should be induced out of Malice or Interest, to swear a Lie; then that so many, so Noble, so Prudent, so known Loyal and Virtuous Persons, should be guilty of so horrid, so bloudy, so absurd, so morally impossible, and (in all circumstan­ces) contradictory a Design? Nay whether, if such Evidence be allow­ed and countenanced, any man, either Papist or Protestant, can be long secure of his Reputation, Fortune, or Life.

To what was argued from the acknowledged Letters of Mr. Coleman, Coleman's Letters. and others; It is answered, That those Letters indeed manifestly denote the busie Designs and Activity of the Writers; yet are they withal so far from confirming a Plot, such as Oates and his Companions pretend to discover, that they directly evince the contrary. For, the whole subject and context of those Letters bear a plain and open face of what the Au­thors intended; And the Writers were Persons, who, (had there been a Plot.) were the most likely of all others to have been the main Engines and Contrivers of it: Nevertheless, we do not find one single world or sillable in them, from whence may be gathered any such design; The substance of them being only some imaginary Conceits, and over-weening Policies of four or five aspiring men, willing to be Great, or at least [Page 10] to be thought so; and desiring perhaps, in some measure, a liberty of Conscience; yet without confronting, much less destroying the King or Government. Wherein also (as far as appeareth by the Letters) they were nowise seconded by the Catholicks in general, nor much countenanced by those whose Favorites they pretended to be; so that, upon the whole matter, these Letters, rightly considered, are rather (as is said before) a manifest Vindication of the Roman Catholicks Inno­cense, then a Confirmation of the Plot.

Concerning the Death of Sir Edmundbury Godfrey, there is nothing to fasten that Murder on the Roman Catholicks, Sir Edmundbury Godfrey's Mur­der. but the bare improbable (though gainful) Oathes of two Infamous Persons: The one ( viz.) Bedlow, notorious for Cheats and Misdemeanours: The other ( viz.) Prance, self Condemned of Falshood herein, by the testimony of his own Mouth; for he once Swore he was an Actor in the said Murder; and soon after before the King and Council, unswore what he had said, and Protested upon his Salvation, he knew nothing of it. There are further­more some remarkable and pressing circumstances, which the Papists urge in their own defence herein; One is, that Sir Edmnndbury God­frey was esteemed by all, a moderate man, and particularly Indulgent to Catholicks. And 'tis not credible the Papists would Murder their Friends; especially in a conjuncture of time, when it was to no pur­pose, not could any ways Stifle the Discovery of the Plot already made; Nay, when they could not but see such an Horrid Action, (if known) must needs draw the wrath and detestation of the whole Nation upon them. The other is, that the whole (though premedi­tated) series of this Murder, Pag. 20. as it is related by the Witnesses, seems to be involved with innumerable Absurdities, Contradictions, moral Im­possibilities, and Pregnant appearences of Perjury. The Scene of the Tragedy must be (forsooth) the publick Yard of Somerset-House (a place, or rather thorow-fare, of continual intercourse) within twenty Paces of the Common Guards, where Watch is kept night and day; The Assassines, to effect their design, must feign a Quarrel, and call Justice Godfrey out of the Street (a notable Policy) to keep the Peace, though none, Passengers, Soldiers or Neighbours, perceived any thing of this Tumult. When they had him in the Yard, they Stran­gled him with an Hankerchief, (a very proper Instrument, studyed and contrived before-hand, to strangle a Man.) After the business was done, they let him lie exposed in this open place, half living, half dead, above a quarter of an hour. At length they dragged him into a Chamber in Doctor Godwin's Lodgings (a Room attested to be of daily use to the Servants, never lock'd, but constantly obvious to all Comers and Goers;) here they kept him two days, and then car­ryed him through several Courts, into several Rooms, and Apart­ments in Somerset-House; And having thus (to no purpose) tossed him up and down from Saturday till Wednesday, they finally placed him (though stiff and Inflexible) in a Sedan, and carryed him to the Soho, and there set him astride on Horse-back, to ride before Hill to the place where he was afterwards found. Bedlow deposeth Sir Edmund­bury Godfrey was Throtl'd with a Cravat; Prance Swears it was with an Handkerchief; The names of the Assassines cited by Bedlow, are Prichard, Welsh, Le Phaire, and other Jesuits. But the Murderers no­minated by Prance, are Greene, Hill, Bury, Gyrald and Kelly; and [Page 11] these two parties are quite different Actors; and as far as apears by the Evidence, neither their Designs, nor Persons well known to each other. Prance saith, he saw the dead Body very plainly in a low Room, by the light of a dark Lanthorn, but what was thrown over it, he could not tell; Nor could he afterwards when required, go to the Room where he said he saw it. Bedlow tells us he refused to have any hand in the Murder, for which cause the Jesuits, did not acquaint him who it was; yet they shewed him the dead Body in the presence of many, who neither knew him, nor he them; Prance himself fur­ther declared, he never was in Bedlow company, till he came to Prison. The main Assassines were ignorant of what reward they were to have; But Bedlow (though no compartner in the Murder,) could tell there were Four Thousand Pounds ordered, of which Two Thousand Pounds were proffered to him alone, if he would but assist the rest to convey away the Corps. This Murder is affirmed to have been committed on Saturday, the twelfth day of October (78.) at nine a clock at night; and the Body conveyed away on the Wednesday fol­lowing, about Midnight. In direct opposition to which, Hill, Green, and Bury (who were Accused, Tryed and Executed for this Fact,) pro­duced these Witnesses. One Mrs. Tilden and Mrs. Broadstreet, attested that Hill (who dwelt with them) never kept ill hours, but always came in by Eight of the Clock; That he could not go out afterwards, because he waited at Table, and the Maid Catherine Lee locked up the doors, and the Family went not to Bed till Eleven; That particularly he was at home on Saturday night, when Sir Edmundbury Godfrey is said to be Kill'd; and on Wednesday night when carried away. James Warrier attested, That Green (his Lodger) was in his House and com­pany on Saturday October the 12th. from seven till after ten at Night, and that he exactly remembred it by his Work. The three Centinels, who Successively kept strict Guard on the aforesaid Wednesday Night, at the great Gate at Somerset-House (through which 'tis affirmed the Body was carried out in a Sedan) declared there went out that way no Sedan at any hour whatsoever, from seven a Clock that Night, to four the next Morning; The Amplitude of which Testimony includes at least three hours immediatly before and after the time Sworn to by Prance and Bedlow. Eury's Maid attested, That her Master came in that same Wednesday in the Dusk of the Evening; went to Bed about 12. and could not well after that go out again, without her knowledge; the passage to his Chamber being through hers. And it is most worthy of observation, that this Bury was, and professed himself to be (both du­ring his Imprisonment, and at his very Death,) a Protestant of the Church of England; Yet this Man, though after Condemnation he was proffer­ed his Life, if he would own the Fact; Nevertheless absolutely deny­ed it to his last Breath. And when the very Cart was drawing away from under him, he lifted up his Hands and said, As I am innocent, so receive my Soul, O Jesus; wherefore if the last Words of a dying Pro­testant, who might, but would not live, (by a false accusation of himself or others,) may be credited; The Papists were innocent of this Murder, and the forenamed Witnesses Perjured in their Evidence. As for what is objected about a Letter sent from London to Tixall, &c. It is an­swered (supposing such a Letter was really sent and received) That a Letter intimating the Murder of a Justice of the Peace, might well be [Page 12] Writ from London on Saturday (when Sir Edmundbury Godfrey was known to be missing) and arrive at Tixall in Staffordshire, by the com­mon Post on Munday following; Pag. 87. And thereupon Dugdale might tell the news the self same day, Pag. 136. to divers Gentlemen at Tixall. What of all this? Where's the Inference against the Papists? Yet this is all some Gentlemen seemed to attest, (whilst others denyed,) and all can be necessarily deduced from the receipt of such a Letter; But that this Justice of the Peace was Sir Edmundbury Godfrey, and that the Papists had Murdred him, is proved only by the Common tract of Dugdales peremptory Swearing, without any rational motive of credibility. Thus much of Sir Edmundbury Godfrey.

As for the Narratives, Fire-Balls, Sham-Plots, &c. and from them deduced Stories, of Firing the City, Burning the Navy, Black-Bills, Fire-Balls, Sham-Plots, Wild-Irish, Spanish-Pilgrims, with other the like innumerable Popperies, and known contradictions to wise men; though they make a dreadful sound amongst the Mobile; yet carry along with them such an excess of Gross and Ridiculous Nonsence; that to sober understandings they only serve to demonstrate the Perjury of the Witnesses, and need no Confutation in Equitable Courts (such as ours are,) no wise dis­posed per fas & nefas, without appearance of Justice, to oppress the Innocent.

And whereas it is alledged, The Votes of both Houses of Parliament de­claring it a Plot. as a main Argument of Popish Guilt, That the two Houses of Parliament have declared it a Plot; and seve­ral Persons in several Courts of Judicature have been Tryed, Con­demned, and Executed for it. The Papists answer (with all due Submission to the Government, in defence of Innocence,) That it is not Impossible, nor altogether without President, That a Lawful Authority proceeding Secundum allegata & Probata, should be abused; and con­sequently drawn into a Mistake, by the Malice and Perjury of Wicked Men. Those who make it their study and Trade, to frame Artificial Lyes, and have time, assistance, and all imaginable encouragement and opportunity for it, may easily invent plausible Stories (with more cohe­rence then any hitherto devised,) such as may amuse and deceive the most just and prudent Persons; especially in a conjuncture, when a tran­sporting Zeal to the Protestant, and (as Papists say) a misconceived prejudice to the Catholick Religion, influenceth the Nation; Nor have all been Convicted, who were Impeached and Tryed upon the Plot, but as some have been Condemned, so others Impeached upon the same Evidence, and in the same Courts of Judicature, have been See the Try­als of Wake­man, Corker, Marshal, Earl of Castlemain, Sir Tho. Gas­coin, Lady Powis, Tempest, &c. acquitted, the wickedness and forgery of the Witnesses detected, and their De­positions rejected, as unworthy of Credit. It is further hoped, the Wisdom, Justice, and Integrity of the State, will at length discover the whole Imposture, vindicate the Innocent, and Punish the Injury herein done, to God, to the King, to the Nation, and to almost all Europe.

To the Instances given of Popish malice, and Bloodiness from for­mer examples, ( viz.) Gunpowder-Treason, French Massacre, &c. Queen Mary's Cruelties, the Powder Plot, the Irish Barbarisme, the French Massacre, &c. committed by Profest Pa­pists. It is answered, that by the same reason, and to as good pur­pose, the Trayterous Seditions, and Outrages in Germany, France, Bohemia and Holland, Authorized and Fomented by Calvin, Swinglins, Beza, and other Reformers; the late Bloody Wars in England, the [Page 13] almost yesterday's Remonstrances, and Practices in Scotland; The even now actual Rebellion in Hungary, raised and managed by Protestants, for Protestanizm; But above all, that never to be paralelled, Hellish Murder of the Lords Annointed, Our glorious Soveraign Charles the first, in cold Blood, by outward form of Justice, on pretence of Reformation, might be imputed to the Protestant Religion. For all these now men­tioned Horrid Villanies were committed by Protestants; Protestants who gloried in being more then ordinarily refined, from Popish Errors and Superstitions. If it be said (as most justly it may) the Church of England never taught such Practices, the same say, and protest the Papists in behalf of their Church; But because meer recrimination is no justification on either side; And for that, a full decision of this heavy charge, dependeth much on the right understanding of Roman Catho­lick Principles, in matter of obedience to God and the King; We shall treat of this Subject apart by it self, when we come to examine the Principles of My Lords Faith and Religion.

Reflections upon the several above-cited Depositions of Smith, Dugdale, Oates and Jenison.

LAstly, The above-cited Depositions, respectively made by Smith, Dugdale, Oates, and Jenison, in proof of the Plot in general, are liable also to divers remarkable Exceptions. And the Papists stick not here to say, they wonder how so many and gross Incongruities, and Falshoods, attested only by Infamous Men, could pass for currunt Truths amongst Persons of Justice, Worth, and Prudence. For in­stance.

Smith in his Deposition gives us to understand, That being as yet a Protestant, but troubled it seems with some doubts in matters of Re­ligion; he applyed himself for satisfaction to certain Priests in France; They to settle his mind told him, They would shortly bring in their Re­ligion into England, Right or Wrong. (a notable argument to con­vince a well-meaning Protestant.) But ne [...]er this (as you may well think,) nor all the Jesuits could say, or do [...]ould prevail with him; so that he lived and studied with them several years, (a likely story) re­maining still a professed Protestant, At length the Jesuits desponding (as well they might) of their own abilities, herein, sent him to be converted by Cardinal Grimaldi, and he it was did the Feat, which none of the Priests or Jesuits could compass. The Cardinal (to re­move all Scruples from the tender Conscience of his new Convert; and further to convince his Judgment in the truth of his Religion,) enter­tained him one day with this Learned and Pious discourse, ( viz.) That he had great assurances, the Popish Religion would prevail in England, and that there was but one in the way, and that to accomplish their designs, they must take him out of the way. Thus the young Man being now well confirmed in his Faith, was made a Priest, and sent into England with Instructions to teach his Countrey-men, They were not obliged to obey their King; and that to Murder him was a Meritorious Act. But the misfortune was, that arriving in England, he quite mistook his Errand. And though he continued firm in the belief of the Popish Doctrine and Principles; yet made it his whole business to root out the Jesuits, (the [Page 14] Popes chief Emissaries,) and disswade Roman Catholicks from sending Moneys to Colledges beyond Seas.

Dugdale tells us, All the Jesuits Letters containing Damnable Treason, and sent for the most part by the Common Post, came to his hands, most of which he saw and read, but could never produce one single Letter. He informs us also of dreadful Oaths and Sacraments of Secrecy, admi­nistred to the Conspirators, before they were made privy to any dangerous Design; yet with the same breath declares, there were whole Armies both privy and ready, to a design no less then of Cutting all the Protestants Throats, throughout the Nation at an hours war­ning. Nay he assures us, there was a Free Pardon of all Sins Proclai­med every where, at the Chappels to all Persons, Men and Women, whosoever would be active in Killing the King, (a notable way of concealing Secrets.) Is it possible this fellow should find credit in such gross, such palpable Forgeries.

Oates likewise relates, How that whilst he was Chaplain to the Duke of Norfolk, the Priests attempted the utmost of their skill, to per­swade him out of his Religion, by telling him, The Church of England was upon it's last Legs. Surely the Priests took him to be either a notorious Fool or Knave, for otherwise they might doubtless have de­vised some more plausible and less dangerous Argument to convert a Protestant Minister; Yet he feigned to be convinced by their reasons, and was hereupon presently entertained by the Jesuits, (the sottish careless Jesuits,) who on a suddain intrusted this Neophite with all their concerns, made him privy to all their most Damnable Intrigues; And in short, 'tis most certain, nothing of Treason, Murder, or Villany, was contrived or even thought on, by them, without him; By this means he became acquainted, not only with the strange adventures of Pickerings loose Flint, Whipping, Thirty Thousand Masses, &c. But also with the manner of Firing the City, Introducing Chimerical Armies, French, Irish, Spanish, &c. Mustered up in the Deposition; Nor is it a wonder the Jesuits should be so rash in discovering their Secrets to Oates; Seeing he himself (if you will believe him) here also deposeth that some of them were so [...]sperately mad, as to Preach a publick Ser­mon before a company of [...]dents; wherein the Kings Legitimacy was vilified and abused; and it was declared, His Majesties Religion entitu­led him to nothing but sudden Death and Destruction. I [...] i [...] credible a Jesuit or any other in his wits, should publickly Preach such Black Treason to a Company of Boyes? But what shall we say of the Doctor's tender Conscience and Zeal, in preserving the King? He tells us here, he only feigned himself a Catholick on purpose to make Discoveries; (Alas good Man) It was to save His Majesties life, made him seem to the Papists what he really was not. Yet (O prodigious Impudence) he owns at the same time, he was conscious for above a year together, of the daily attempts made by Groves and Pickering to Shoot the King; He hourly expected for several Months the horrid effects of Sir George Wakeman's Poyson; Ireland's Tryal. He was privy (as he ad's else-where) to the design­ed Assassination of the King at Windsor; He knew the Ruffians were actually upon the Place, and ready for the Villany; He saw the Money sent to them for their encouragement, and every moment waited to hear, the fatal stroke was given. Nevertheless this Man of Conscience, whose watchful Eye so carefully guarded the King's Life, all this while [Page 15] made no Discovery; Though he knew for certain, that the Pistols were all ready, even at the King's Breast; The Cup of Poyson at his Lips; And the Dagger almost at his very Heart; Yet he never cryed out Mur­der upon the Lord's Annointed; never called for immediate Succour; never warned the King of his Eminent Danger; never diverted the im­pending mischief; never so much as opened his Mouth, to disclose any of these horrid Treasons, until such time as the King might have been killed a thousand times over. Is this the Doctors Vigilancy? Or rather, is it not perfect Demonstration, that all he hath Sworn of the Plot, is damnable Perjury?

Jenison declares, that though he often expressed to Mr. Ireland, an horrid detestation of Treason and Bloodshed; Yet Ireland (as if he had a mind to hang himself) was still urging this conscientious Man to Mur­der the King; and when he could not prevail with him herein, he would needs have him at last to nominate some Irish Ruffians, whom he judged most proper for this Execrable Villany. And thus far indeed Jenison acknowledgeth, he condescended. Now one would think a Man, who had taken so deep an Impression of horrour and detestation of Blood­shed, should have had some scruple in concealing so Hellish a Design; and much more in nominating the very persons who were to effect it. But that which seems above all most strange is, the mighty reward the Jesuits proffered him, in case he would joyn with the Four Ruffians, in this Devilish enterprize. Oates informs us, Sir George Wakeman was to have fifteen thousand pounds to Poyson the King, and Groves fifteen hun­dred for Shooting Him. Dugdale also assures us, he had not much less promised for the like attempt; Yet when these Jesuits come to beat the Price with Jenison (though a Man hard to be wrought upon) they could afford him no more then twenty pounds; and this only to be re­mitted of an Old Debt; a wonderful encouragement to a Scrupulous Man, for so desperate and damned an Exploit.

To conclude this whole matter, The Papists aver, if the Justice and Equity of their Cause be impartially considered, the Integrity of their Principles rightly understood, their formerly experienced Loyalty regar­ded. The contrary practices of their chiefest Adversaries remembered. The Infamy of the Witnesses, and Inconsistancy of their Evidence duly weighed, there will remain no colour of proof, or even Suspicion of this fatal Plot, which hath already drawn so much Innocent Blood, and brought no small confusion both to Church and State.

The Process against my Lord in Particular. ¶ 3.

AFter a long and accurate discussion of the Plot in general, The Court proceeded to take cognizance of what in particular affect­ed my Lord, Page 40. &c. the Prisoner at the Bar. In pursuance hereof, the Mana­gers regarding in all things a Methodical exactness, first demanded be­fore they produced their Evidence, That none of my Lords Councel might stand near to prompt, or advise him what he should say; or an­swer, as to matters of Fact, wherewith he was charged.

Then they began by way of introduction to shew, that they had made it out there was a Plot. The first onset against My Lord. That this Plot was a general design of the Popish party; That it was not likely such a design could be carried on, without the Concurrence of Persons of great Quality. That therefore [Page 16] it was to be presumed, my Lord at the Bar, a Nobleman, and a Zealous Papist had a share in it; But what that share was, and how far my Lord was engaged, was to appear from the positive Evidence.

It will not be expected that my Lord, one single Person of 68. years of age, long imprisoned, no great Rhetorician, nor much versed in the Law, should take all advantages, improve favourable circumstances, and keep equal measures, in sharpness of Wit, and effluence of Speech, with his Opponents, who were ten or twelve of the greatest Lawyers, and ablest Judgments of the Nation; Nor is it any wonder, if my Lord confounded with the multiplicity of arguments; astonished at the horrour of the objected Crimes, discountenanced by the Auditory; And (as he acknowledged) half stupified with continual pleading, day after day, without intermission; Did sometimes insist upon mat­ters of less, and omit matters of greater moment, in his own behalf; yet he seemed to manifest much of candour and sincerity, in all his Com­portment, and Addressing himself to my Lords his Judges, before he began his Plea to the particular Evidence against him; He spoke to this effect.

‘That he was much afflicted to see himself accused by so high an Au­thority, for a Crime which above all others, My Lords Address. Page 25. &c. he ever from his heart utterly abhorred; he renounced and detested with much Exaggera­tion all Plots against the King and Government; He abjured all Prin­ciples leading to such ends; And disowned all Authority upon Earth, which might in the least pretend to absolve him from his Allegiance. He further shewed how faithful and affectionate he had been, both to the late King in his Wars, and to this in his Exile; He declared he had timely notice of his being Impeached, and thereupon might (if he would) have easily fled; He likewise acknowledged, That after he was in the Tower, both the King and the House of Lords had sent him word, That in case he would make a Discovery, though he were never so Guilty he should have a Pardon; If therefore he had been really con­scious of his own Guilt, and might have secured himself by either of these means, and would not, he ought to dye for his folly, as well as his Crime. He professed he had always a natural abhorrence of Blood-shed, insomuch that he could not wish the death, even of his Adversaries that Swore against him.’ Lastly, He desired (as necessary to his defence,) Copies of some Depositions made by the Witnesses be­fore several Authorities, on several occasions; which Copies after a long debate upon it, were granted.

Now begin the particular Depositions, of each particular Witness directly against my Lord, upon which the House of Commons grounded their Impeachment.

To these Depositions as they severally occur, I shall adjoyn my Lords immediate Answer; And to his Answer, the Mannagers reply, That so both confusion and unnecessary Repetitions, inconsistent with a Com­pendium, may be avoided; Furthermore, because the Mannagers in Sum­ming up their Evidence, made divers ingenious Observations, and urged many Reasons to uphold their several Charges, not mentioned in the body of the Tryal. And also for that the Papists afirm, there was more of flourishing Rhetorick, then strength of Argument in the said Observations; the order of Law, not premitting my Lord, in the close of the Tryal to Rejoyn upon them. I shall (to give the best satisfaction [Page 17] I can to all parties) annex here the plain Substance, both of the said Mannagers Observations, and the Papists Answers, as they respectively occur, to each particular Evidence.

Dugdale's Deposition against my Lord.

THe first Witness that gave Evidence to the particular Impeach­ment, was Stephen Dugdale, who Swore:

That at a certain meeting held at Tixal in Stafford-shire, about the latter end of August, or the beginning of September; (78.) My Lord did (together with the Lord Aston and others, Pag. 24. &c. in the presence of Dug-dale) give his deliberate full consent, To take away the Kings Life, and Introduce the Popish Religion. That on the 20th. or 21st. of September (78.) in the forenoon, my Lord then residing at Tixal, sent for him the said Dugdale to his Chamber, by one of his Servants, either his Gentleman or Page, whilst he was dressing; That when he came in, my Lord sent out his Servants, and being there alone together; my Lord offered him 500 l. for his Charges and Encouragement, to take away the Kings Life, And farther told him He, should have free Pardon of all his Sins, and should be Sainted; For the King had been Excommunicated, and was likewise a Traitor and a Rebel, and an enemy to Jesus Christ.

My Lords Exceptions.

TO this Deposition my Lord made several grand Exceptions. Dugdal 's Infa­my and Beg­gery. The first was, That Dugdale was a Person of an Infamous Life. That he had Cheated the Lord Aston his Master, and defrauded Work-men and Servants of their Wages. That by his Extravagancies and Misde­meanours, he had run himself into several hundred pounds Debt; for which he was thrown into Goal, and despaired of ever getting out from thence, otherwise then by making the pretended Discoveries. For proof of all which my Lord produced these Witnesses.

Mr. Sandbidge, An old Man, Pag. 94. &c. and a Protestant attested, That Dugdale was a Knave, and notoriously known, both by him and all the Countrey to be a Wicked Man.

Thomas Sawyer attested, Pag. 84. &c. Dugdale went from My Lord Astons, invol­ved in deep Debts; That whilst he was Bayliff to My Lord Aston, he received and placed to My Lord's Account, several Work-mens Wages, which he never paid to the said Work-men; Whereupon great Clamours and Complaints were made of him in the Countrey; That being Ar­rested for Debt, My Lord Aston would not own him for his Servant, at which Dugdale Swore He would be revenged on him.

The same thing as to Dugdales sinister dealing, Pag. 87. &c. His being in Debt, Imprisoned, and Disowned by the Lord Aston, were attested by Sir Walter Baggot, Mr. Whitby, a Justice of Peace, and Mr. Phillips Mini­ster of Tixal.

From hence my Lord drew a second Iuference, ( viz) That had the Lord Aston, and the rest been Guilty, (as Dugdale accused them,) It was highly improbable, the said Lord should adventure to exasperate, discard, and leave to Goal and Ruin, a man, at whose mercy they all lay, and who might to retreive his desperate fortune, by making Dis­coveries, utterly destroy both their Designs and them.

[Page 18] To confront the Testimony of the foregoing Witnesses, the Mannagers produced others in favour of Dugdale; And as to the matters of his Debts and Beggery.

Mr. Noble, Pag.145. &c. Stephen Colledge, (the Protestant Joyner, lately Executed for High-Treason at Oxford) and Mr. Boson a Lawyer, deposed, That at Dugdale's intreaty, they went with him to the Tower, to assist him in adjusting his Accounts with the Lord Aston, but could not accomplish it, by reason my Lord would not, (till the return of a certain Councellour out of the Countrey,) let them see a Book, wherein Dugdale said his Discharges were; And that Dugdale told them, my Lord Aston was In­debted to him (things rightly stated) two hundred pounds.

To this my Lord Stafford reply'd, He should have something to say; And desired the Lord Aston might be admitted to give an account of this matter; But it was answer'd, That the Lord Aston stood Indicted for the same Treason, and could not be a Witness.

Then my Lord desired Mr. Lievtenant of the Tower might speak what he knew. Pag. 163. Hereupon Mr. Lievtenant declared, That the Lord Aston would have come to an account with Dugdale in his (the Lievtenants) presence; But that Dugdale put it off, and said he would come some other time; but from that time to this, he never heard of him.

UPon these Testimonies the Mannagers made these following Observations▪ Pag.175. First, It was manifest from several Circumstances, that Dugdale went not away from Tixal for Debt, (as seems here to be pretended,) but for fear of being appre­hended for the Plot, which argues he was then Conscious of his own Guilt in that matter. Secondly, Whereas Sawyer attests, that Dugdale Swore he would be revenged on my Lord Aston, because he would not own him for his Servant, when Ar­rested for Debt; If this were true, yet seeing this Revenge was not intended against my Lord Stafford, but against my Lord Aston; It is Impertinent to be urged against Dugdale's present Evidence.

To which the Papists Answer. To the first, It is no wonder, if at a time when Roman Catholicks were universally suspected and persecuted on account of the Plot; Dugdale though not Conscious of any Guilt, either in himself or others; Yet being then a Ca­tholick, and hitherto undetermined to set up for an Evidence, was in some appre­hensions of comming into trouble, and might therefore withdraw upon that Score. But what is that to the present purpose? Is it not also undeniably proved here. That Dugdale was in Debt: That for Debt he was Arrested and Imprisoned: That for his Misdemeanors, and not for Religion he was discarded by his Master; That at last Beggery had surrounded him, Revenge possessed him, and Desperation Seized him. If this hath been clearly proved, 'tis no hard matter to judge what was his end and aim in making his Discoveries; And my Lords further Inferences hereupon are Soild and Good▪ To the second, The Evidence given of Dugdale's Revenge, was not produced as if the said Revenge was chiefly intended against my Lord Stafford, but only to shew that Dugdale was now upon the point of bidding adieu to Conscience and Honesty, And desirous to satisfie at once, both his Malice, and Penury; He contrived his Plot (after the Model given him by Oates and Bedlow) wherein he Accused some out of Revenge, and others, (amongst whom my Lord Stafford) as the most proper Persons, to compleat the Number of Actors in his Tragick Farce.

IN defence of Dugdale's Reputation in point of Honesty. Pag.147. Mr. Whitby declared, That Dugdale had been long my Lord Aston's Servant, received my Lord's Rents, made his Bargains, and Governed the rest of the Family: That he dealt honestly with him; [Page 19] That he had heard indeed some Trades-men complain he put them off without Money, and would not pay them: But that my Lord would hear nothing against him.

William Southal a Coroner deposed, that he knew no ill of Mr. Dug­dale, that he was the Lord Aston's Bayliff, and had a good repute with all those People who had dependence on the Family; But that he himself never had any business with him. Then he (the said Southal) gave a large relation how he had perswaded Dugdale (being then in Custody for Debt) to Discover the Plot; By putting him in mind of his Duty and Allegiance to the King; and assuring him, If he would make a timely Discovery, he should not only obtain his Majesties Gracious Paerdon, but also a Reward of Two Hundred Ponnds. By force of which Argument, Dugdale at last assented to make Discoveries; And accor­dingly gave in his several Depositions, first in the Countrey before two Justices of the Peace, afterwards before the Councel; and lastly be­fore the two Houses of Parliament.

Concerning this Southal, the Lord Ferrers informed the Court, Pag. 163. That he had been very active against the King in the late Wars, and had the Repute of a Pernicious Man against the Government.

To Impugne which Information, the Lord Brook declared in behalf of Southal, Pag. 168. that his Mother had imployed him, and found him honest in their Affairs; And Mr. Gower farther testified, That he found Southal extraordinarily zealous in prosecuting the Papists.

UPon these Evidences, the Mannagers made these Observations, First, Mr. Whitby not only declares, that Dugdale had dealt honestly by him; But that my Lord Aston himself would hear nothing against him. Secondly, It is not always the Stewards fault, if Workmen to great Persons sometimes want their Wages. Thirdly, Mr. Southal an understanding and zealous man, had (with much difficulty and strong Arguments,) the good fortune▪ at last to succeed, in parswading Mr. Dugdale to make a fair and plain Discovery of the whole Plot, to the great happiness, not only of Mr. Dugaale, but of the whole Nation

To which the Papists Answer: To the first, Though Dugdale perhaps dealt honestly with Mr. Whitby, yet he might be a Knave, and deal dishonestly with other People for all that. And if my Lord Aston refused to hear any thing a­gainst him, this very refusal argues there were Complaints made of him; And my Lord himself, in time both gave Ear to his Crimes, and Discarded him for them, as is already proved. To the second, Those Stowards who receiving Moneys of their Masters, to pay poor Labourers their Wages, shall (as Dugdale did) Defrand them of it▪ the better to defray their own Extravagant Expences, are no honest Men. To the third, The Papists do not understand, to what purpose this Testimony of Southal's is here produced; for it is granted, That Dugdale being in Goal, and brought to extremity, did after much struggling and reluctancy of Conscience, abandon his Soul to Perjury; And conceiving fair hopes of Success, by the prosperous adventures of Oates and Bedlow, by the present promise of 200 l. and by the perswasion of Southal, a notorious Crom­wellian, at last plunged himself into deep and horrid Oaths, not only incredible, but morally impossible to be true.

THe second weighty Exception made by my Lord against Dugdale's Deposition was, Dugdale's Perjury. That he had directly and palpably Perjured himself, in divers parts and circumstances of his said Deposition. For instance of this,

First, Dugdale now Swears, He had an exact knowledge, and deep [Page 20] concern in the Plot. He was not only a Confident, but an Assistant in raising Armies, Killing the King, &c. Now my Lord proved by seve­ral Irrefragable Witnesses; That the said Dugdale had before at sun­dry times, and on sundry occasions, with dreadful Oaths and Exe­crations, professed he knew nothing of any such thing. The Witnesses were these.

Sir Walter Baggot and Mr. Kinnersley, both Parliament-men, Pag. 87. &c. Attested; That Dugdale being Examined before them, and other Justices of the Peace, though he then took the Oaths of Allegiance and Supremacy in their Presence, yet absolutely denyed any knowledge of the Plot.

Mr. Whitgrave also a Justice of the Peace, Attested, that he earnest­ly Pressed and Encouraged Dugdale to make a Discovery of what he knew; telling him, Now he had taken the Oaths, they looked upon him as one of them; and that he would do him all the Kindness he could: To which Dugdale answered, Truly for his part, though he had the misfortune to Live amongst Papists, yet he never liked their Religion. Then Mr. Whitgrave urged him home, saying, Sir you may do your self a kindness, and oblige your King and Country: I am confident you know of this Horrid Plot; pray do not stifle your Conscience with an Oath of Secrecy: Let it come out; Dugdale replyed, as he hoped to be saved, be knew nothing of it.

Thomas Sawyer Attested, That two or three days before Dugdale began to Impeach, being then at Stafford under the Serjeants Hands for Debt, he took a Glass of Drink in the presence of Sawyer, and said, Thomas, I wish this may be my Damnation, and my Poison, if I know of any Plot or Priest.

UPon these Evidences the Mannagers made this Observation, Pag. 175. ( viz.) That Dugdale 's denying, and with Execrations forswearing any knowledge of the Plot, is no manner of Objection; for he Forswore it at a time, when he never in­tended to reveal it, and was in danger of his own Life; but afterwards he changed his mind, and discovered all to Southal, and others.

To which the Papists answer: It is very strange, so palpable a Perjury proved upon Dugdale by so Substantial Witnesses, in the whole System and Essence of his Testimony, should be so slightly evaded. Is it no manner of Objection to prove that Dugdale is Forsworn in his whole Discovery? Must Credit be given to the Depositions of a man, in a matter, whereof he himself with dreadful Oaths and Execrations hath often protested the contrary? Is the Conviction of Perjury by the Testimony of his own Mouth nothing? Why? because out of fear in his former Oaths, he never intended to Swear Truth. Is this a Rational answer? Nay is it not rather perfectly demonstrative from what is already proved; that for Fear, for Lucre, for Revenge, for Liberty, this man hath actually Sworn to express Coniradictions, and will not stick upon the same motives to Swear any thing.

SEcondly, Dugdale had determinately Sworn at Sir George Wakeman's Tryal (as my Lord proved by two Substantial Witnesses, Pag. 74. the Lady Marchioness of Winchester, and Madam Howard) that the Meet­ing or Consult at Tixal, mentioned in the Deposition, wherein my Lord is said to have been present, and Consenting to the Killing of the King; was held precisely in the Month of August (78.) Now my Lord proved he never was at or near Tixal during that whole Month; nor came thither till the 12th of September following. This he shewed by giving an exact Account where he was, every Week and Day throughout [Page 21] that Month. The Witnesses who gave respective Evidence to each particular time and place, were, the Marquess of Worcester, the Mar­chioness of Winchester, Mr. Bonny, White and Bevan, Servants to the said Marquess.

UPon those Testimonies, page 147. the Mannagers made these Observations: First, The two Ladies who gave Evidence to Dugdale's words spoken at Sir George Wakeman's Tryal, were Roman Catholicks and Relations to my Lord. Secondly, They did not agree in their Evidence with one another. The Lady Marchioness saying, Dugdale Swore that my Lord Stafford was to come down into Staffordshire in June or July, and was present at the Consult at Tixal in August. Madam Ho­ward saying, Dugdale Swore my Lord Stafford did come down into Stafforashire in June or July; and was present at the Consult at Tixal in August. Thirdly, The said Ladies having much concern upon them for Sir George Wakeman the Popish Physitian, they might easily mistake in what they heard. Fourthly, in the Printed Tryal; There are no such words of Dugdale's mentioned.

To which the Papists answer: To the first, The two Ladies, though Roman Catho­licks, are persons of that Quality and known Vertue, as admit of no Comparison in point of Credit with the Witnesses produced against my Lord. That to Vilify my Lord's Witnesses because Roman Catholicks, is contrary to Law, and denotes an Exasperated mind, willing to deprive Catholicks of a Just Defence. To the second, The different manner or Phrase the Ladies used in expressing themselves in point of Circumstance, is not at all material, seeing they both joyntly agree, and determinately Attest; That Dugdale Swore my Lord was at Tixal in August, and then and there present at the Consult. Which was the Substantial thing where­in my Lord proveth him Perjured. To the Third, A deep concern occasioneth an Attention rather then a Mistake: And a pretence of a mistake in a positive Witness, is an Evasion, whereby any Verbal Testimony whatsoever may be eluded. To the Fourth, Catholicks have Experience that many considerable matters have been omitted, or otherwise inserted in the Printed Tryals, to the disadvantage of their Cause: And as those Printed Copies, though pleaded, were never allowed to be good Evidence for them, so ought they not to be alledged against them.

THirdly, page. 83. &c Dugdale Swears in his Deposition: That at Tixal on the 20th. or 21th. of September (78.) My Lord sent for him by one of his Servants to his Chamber, in the Morning whilst he was Dressing; (which Servant also Dugdale Swears, was either Mr. Furnesse my Lords Gentleman, or George Leigh his Page:) And that when Dugdale came into the Chamber, my Lord sent out his said Servants; and being thus with him alone, Offered him five hundred Pounds to Kill the King. In direct opposition to these particulars, my Lord proved, by the At­testation of the self same Servants, Mr. Furnesse and George Leigh; that he never sent for Dugdale, never was with him alone in his Chamber; nor never dismissed his Servants for that end, all that Morning. For the evincing of which,

Mr. Furnesse my Lords Gentleman Attested: page. 80, &c▪ That he about eight a Clock that Morning, coming to my Lords Chamber, met Dugdale in the Hall. Dugdale desired him he would Intreat my Lord to Intercede to the Lord Aston his Master in his behalf, that he might go to Etching Race: Hereupon Furnesse went into my Lords Chamber, and having spoken to my Lord, as Dugdale desired, my Lord bid him be called in; ac­cordingly Furnesse conducted Dugdale into the Chamber; when he came in, my Lord asked him several questions about the Race, telling him, he himself would bett Twenty Pounds for Staffordshire sake; Then, [Page 22] after some discourse to this purpose, my Lord Stafford told him, he would speak to his Lord for him; during all which time Furnesse was present in the Chamber, together with my Lord and Dugdale, and heard the discourse between them. When Dugdale had obtained his request, he went out of my Lord's Chamber, leaving Furnesse still there; my Lord also as soon as he was drest went out of his Chamber to my Lord Aston, to ask him leave for Dugdale; bidding Furnesse make himself ready to go to the Race. Furnesse accordingly made himself ready about Nine a Clock, and coming down the Back-stairs my Lord Stafford met him: Go (saith he) to Etching-hill, and see what Betts there are, and take Stephen Dugdale along with you to shew you the way, for I have asked his Lord leave for him to go: Upon this Dugdale having now leave, went along with Furnesse to the Stable, and took Horse; Furnesse his Horse was not ready, but he overtook Dugdale within half a Mile, and they arrived at the Race together about twelve a Clock: My Lord himself (with other persons of Quality) came to the Race not long after, and returned back to Tixal about seven at Night.

The same Mr. Furnesse and George Leigh both Attested, that my Lord never sent either of them for Dugdale; that he never bid them go out of the Chamber, or absent themselves whilst Dugdale alone remained with him: No, nor did they know that my Lord was ever alone with Dugdale, either that Morning, or in his whole Life.

To Infringe the last Particle of this last Evidence, the Mannagers produced these Witnesses.

Mr. Hanson Deposed; Page 132, &c. That he once saw Dugdale with my Lord in the Parlour at Tixal; but durst not be positive whether they were alone or not.

William Ansell Deposed, That passing through the Court at Tixal, he saw my Lord walking with Dugdale; That he heard no Discourse between them; That there might be more in the Company, but he saw no more: And lastly added, that talking one day with Dugdale about the Plot, Dugdale answered: God Blast him if he knew any thing of it.

UPon these Evidences the Mannagers made these Observations. Page 174. First, My Lords two Witnesses, Furness and Leigh, were his own Servants. Secondly, They were very positive in a matter hard to remember, (viz) That Dugdale never was in my Lords Company: And therefore that easie Credit should not be given to them, but rather to Hanson and Ansell, who both Swear, that they have seen my Lord and Dugdale together.

To which the Papists answer: These common Sophismes and weak Objections made to the Convincing Evidence here given by my Lord in Confutation of the main matter laid to his Charge, argue the Mannagers at a loss for an Answer. To the first, Whom could my Lord produce but his Servants, to contradict the Falsities of a man that pretends to have heard him speak Treason whilst he was Dressing in his Bed-Chamber? Are Ponest Servants, because Servants no good Witnesses? To the second; Though it should be granted that at other times▪ and upon other occasions, Dugdale might have been in my Lord's Company, either unknown to his Servants, or not remembred by them, or even by my Lord himself, (which is the utmost of what the Testimony of Hanson and Ansell can amount to) yet this doth not at all weaken my Lord's Evidence, nor clear Dugdale from Per­jury herein: For the chief things which my Lord▪s two Servants well remem­bred, distinctly Attested, and by most remarkable Circumstances fully proved; was, That my Lord did not send either of them for Dugdale; nor was Dugdale [Page 23] alone with my Lord in his Chamber, on the 21th▪ of September in the Morning: On all which particulars Dugdale laid the Stress of his Evidence; and here it is, he is directly Perjured.

FOurthly Dugdale at the forenamed Tryal of Sir George Wakeman positively Swore (as my Lord proved by two Witnesses, Mr. Gyfford and Mr. Lydcot, both present at the said Tryal,) That he the said Dugdale, having received a Letter on the 14th. of October, which mentioned the death of a Justice of Peace, did the same day at an Ale­house in Tixal, impart the Contents of the said Letter to Mr. Sambidge, Kinsman to my Lord Aston, And Mr. Philips, Minister of Tixal; And that they answered, They heard nothing of it before. Now to confute this, my Lord produced for Witnesses the same Mr. Sambidge and Mr. Philips.

Mr. Sambidge protested upon his Salvation, Dugdale never told him any such thing; Nor did he ever hear of it, till the Friday or Saturday Sir Edmundbury Godfrey was found at Bury-Hill.

Mr. Philips attested, That he never heard of it, either by Letter or Word of Mouth, from Dugdale or any other, till the death of Sir Edmund­bury Godfrey was publickly known. To ballance this Evidence, the Man­nagers produced these Witnesses.

Mr. Ansel deposed, That at the Ale-house, and day above named, he heard Mr. Dugdale mention the death of a Justice of Peace; Mr. Sam­bidge and Mr. Philips being then both in the House, but not in the same Room with Ansel, when Dugdale told the News.

William Hanson deposed; That at the time and place aforesaid, he heard Dugdale say, There was a Justice of Peace Murdered, that lived at Westminster; And that when Dugdale told this News, Mr. Sam­bidge, and Mr. Philips were by, and might have heard it, if they would.

Mr. Birch and Mr. Turton both attested, That about the fifteenth or sixteenth of the same October, the news of Sir Edmundbury Godfreys Death, was spread about the Countrey, and seemed to take its first rise from Tixal.

UPon these several Evidences, Page. 177. the Mannagers made these Observations. First, Mr. Sambidge was something deaf, and might not here when Dugdale told him the news of the Death of a Justice of Peace. Secondly, Mr. Phillips the Parson▪ being perhaps very Studious in his Employment, might be wanting in point of Memory. Page 175. Thirdly, The other Witnesses produced in Confirmation of Dugdel's Evidence, make it our, that he did impart the news at the time, place, and in the presence of the parties above-mentioned.

To which the Papists answer. To the first, If what the Mannagers alledge be true, then is Dugdale here also proved Perjured by the Mannagers themselves; For he expresly Swore at the said Tryal of Sir George Wakeman, That Mr. Sam­bidge both heard and answered him. Saying, He heard nothing of the news before. To the second, No honest man affirms or denies any past words or actions, but ac­cording as he remembers; and to pretend want of Memory in a direct Evidence, is the common Road, whereby to evade all humane Testimony. To the third, The other Witnesses on behalf of Dugdale, do in no sort make out the thing for which they are produced; For Ansel doth not own, that Philips and Sambidge were so much as in the same Room with Dugdale, when he mentioned the death of a Justice of Peace. Hanson indeed (herein contradicting Ansel) tells us they were in the Room, but could not say they heard, much less answered, to the discourse of Dugdale; which is the chief matter of Perjury here charged [Page 24] upon him. As for what Mr. Birch and Turton declared, concerning the Rumour soon after spread of the death of Sir Edmundbury Godfrey, it nothing at all Ener­vates the present proof of Periury, seeing it may well be true, there was such a report, and yet false, that Dugdale had such a discourse with Sambidge and Philips, as he positively Swears, and they both as positively deny. But enough hath been already said upon this Subject, where we treated of the Death of Sir Edmundbury Godfrey.

FIfthly, Dugdale in an Information given upon Oath, Swore; That presently after one Howard, Almoner to the Queen went beyond the Seas, he was told by George Hobson, then Servant to the Lord Aston, That there was a Design intended for the Reformation of the Government to the Popish Religion. Now it was owned and acknowledged in Court, point blank contrary to this Information: That the said Hob­son was not Servant to the Lord Aston, nor known by Dugdale, three years after the departure of the said Almoner out of England.

UPon this proof of Dugdale's Perjury the Mannagers made this observation, Page 178. ( viz) That Dugdale's words cited in the Information, are capable of two senses, either they may import, Hobson told him there was a Design ever since the Almoner went away; Or they may import, Hobson told him presently after the Almoner went away, there was a Design; The first sense may refer to the matter told: The second to the time when told: The words taken in the first sense, argue no contradiction in Dugdale's Testimony.

To which the Papists answer: The words of the Information taken in their plain, obvious and connatural sense, clearly import; Hobson related to Dug­dale, there was a Design, which relation Hobson made to Dugdale presently after the time one Howard went beyond the Seas; Nor can any other construction be put upon the words, without manifestly wresting them from their Genuine signi­nification, as every impartial Reader may see; So that the proof here given of Dugdales Perjury is unanswerable.

THe third main Exception made by my Lord against Dugdale's Deposition, Dugdales Su­bornation of Oaths. was, That he, being conscious of his ill grounded Evidence, had endeavoured to Suborn divers Persons, to make false Oaths; That so he might strenghten his own, by others Perjury. To make good this Exception.

Samuel Holt a Protestant, Page 90. &c. attested, That Dugdale desiring to speak privately with him, told him, If he would Swear that Walter Moore car­ryed Mr. Evers away, he would give him Forty Pounds; bidding him not be affraid to Swear for fear of my Lord Aston, for he would hire him an Horse to get to London, and place him so, that where he now got one Shilling, he should then get Five.

William Robinson attested, That meeting with Dugdale about a twelve month ago, he the said Dugdale perceiving Robinson to be then Dejected and Poor; endeavoured to corrupt him, by giving him a Treat, and assuring him, He should not want Money, if he would please to be ruled by him; Then he took an Handkerchief out of his Pocket, wherein there seem'd to be about ten pounds, and bid him, If he wan­ted, take Money there. And lastly told him, He could furnish him with Money, and put him in a way to get Money, if he would come in as Evi­dence against my Lord Stafford; Which Robinson refused to do, not knowing my Lord, or any thing of him.

[Page 25] ‘ John Morral a Barber, gave attestation in these words, Mr. Dug­dale, the 6th. of August last was twelve month, sent for me to the White Horse in Ridgley; and there when I came to him, he told me, I knew as much of the Plot as he: I told him, I was Innocent of the thing; He Swore, God dam him, I knew as much as he. Then I told him, If he knew no more of it then I did, he knew no more then my Lord Mayors great Horse did. Then he took me aside; Come ( said he) you are a poor Man, and Live poorly, I can put you in a way whereby you may Live Gallantly; I will give you Fifty Pounds in hand, if so be you will Swear against Mr. Howard, Sir James Simmons, Mr. Herbert Aston, and other Gentlemen of the Countrey; that they were at such Meet­ings, at Mr. Herbert Astons upon the Conspiracy of the Plot.’

To take off the Credit of the two first Witnesses in this matter, ( viz.) Holt and Robinson (nothing material being objected against Morral or his Evidence,) the Mannager▪s produced Witnesses to prove they were Persons of evil reputation.

Against Holt, one Sampson Rawlins a Taylor Deposed, that Holt was a Drunken lewd Fellow; That he heard him say, There were none but Rogues would take Dugdale's part; That he stole some Bottles of Wine out of my Lord Astons Celler; That he called him the said Rawlins Rogue, because he came up in His Majesties Service; and would have Murdered him, because he took Dugdales part.

Against Robinson, Pag. 138. &c. the Earl of Macklesfield, and Mr. Booth a Parlia­ment Man, both Deposed, That Robinson was a Person of evil and pro­phane Conversation, making a practice of Cheating at Dice, Cock-fight­ing, &c. That he owned himself, upon Examination, to be a Rogue; And had no other imployment or Livelihood.

To these unquestionable Evidences against Robinson, my Lord re­ply'd, He knew nothing of Robinson before; and added, It was very ob­servable, That Dugdale knowing, it seems his Friend and Comrade Ro­binson to be a Cheat, and then in want, thought him a tool fittest for his purpose, the most easily prevailed upon, and most proper to make a Knight of the Post. So that the two last worthy Witnesses, did by their Evidence, rather confirm then lessen the belief of Dugdale's Tam­pering with Robinson herein.

UPon these several Evidences, the Mannagers made these Observations: First, It was not likely, that Dugdale a stranger to Robinson, should attempt to Suborn him to Swear against a Person he knew not, and in a matter whereof he was wholly Ignorant. Secondly, It doth not appear, that Dugdale had any ill will to Moore, that should induce him to Suborn Holt to Swear against him. Thirdly, Both Robinson and Holt were Infamous Men; the one being a Common Cheat, the other a Drunken Quarrelsom Fellow, and seeming to favour the Plotters. Fourthly, Morral was but a Poor Barber, of no Reputation, and one who might easily be brought to say what he did.

To which the Papists answer: To the first, Robinson was no Stranger to Dug­dale; He was (as the Earl of Macklesfeild and Mr. Booth attested) every where about Staffordshire, remarkably known for Cheating at Dice, Cock-sightings, Races, &c. (exercises also frequent with Dugdale himself;) Nor is it material that Robinson knew not my Lord Stafford, nor any thing of him: It was not Dug­dale's▪ business to find out a Man, who to discharge a good Conscience would Swear what he knew; But who to get Money would Swear what he knew not; For which purpose Dugdale had good reason to think Robinson a very proper [Page 14] Instrument. To the second, It is plain matter of Fact, that Dugdale having accused and Imprisoned Moore for carrying away E [...]ers, but not able to prove it, he would have hired Holt to make out his false accusation. To the third, If Robinson and Holt were Cheats and Rogues, my Lord well inferred, they were the more likely to be chosen by Dugdale for such Imployments as he had for them▪ Though for Holt, the greatest offence laid to his Charge seems to be, that he Quarrelled with Dugdale's Witnesses, as thinking no honest Man would take his part. To the fourth, Though Morral was Poor, yet it doth not appear but that he was so honest, as not to be Suborned to Perjury by Dugdale; And therefore his clear and positive Evidence in this matter ought to stand good. But let it be granted, what the Mannagers contest for, ( viz▪) That because Morral was Poor, Holt Quarrelsome, and Robinson Infamous; none of these three Witnesses ought to be believed; What then will become of all the Kings Witnesses? (as they term them,) What shall we believe or say of them? Are they Persons of Repute, Ri­ches, and Honour? Are they not rather the Scum and Refuse of the Nation? Why must credit be denyed to Beggers or Knaves, when they accuse their Coe­quals in probable matters? without hopes of Gain? And yet the same credit be allowed to the like Beggars and Knaves, when they Swear against Persons of Ho­nour, Moral impossibilities and contradictions upon large hopes and promises of reward? This the Papists take to be hard measure.

TO Counterpoise in some sort this charge of Subornation laid to Dugdale. The Mannagers alledged the like proceedings on my Lords side: To prove which,

Thomas Launder deposed, That my Lord Astons Friends had Sum­moned him up to my Lord Astons Tryal, to give Evidence against Ansel and Dugdale; and that he was to have an Horse to ride on, and Money in his Pocket.

Simon Wright, Barber to Dugdale, deposed, That Mr. Plessington told him, If he could find a way to take off Dugdale's Evidence, or Destory him, he should have seven hundred pounds. And that the said Plessington and others, would have had him Swear point blank, That Dugdale would have hired him to give Evidence against Mrs. Price, and Mr. Tasborough.

My Lord at once to confound this man, by his own Testimony, and further to detect the Subornation of Dugdale also in this matter; pro­duced a Letter or Paper, Writ and Signed by Wright himself to Sir James Simmons: In these words,

I can, I bless God▪ with a safe con­science declare, upon Oath; That Mr. Dugdale hath been unkind to me, in taking his opportunity of my poverty; By reason of a private meeting of us two by his appointment; He did at that time proffer, If I would Swear against You, and Mr. Gerrard, he would Protect me as one of the Kings Evidence, and I should not want Money. And in the Hall at Westminster, he said, if I did discover it that day at Mrs. Price 's Tryal, he would set me in the Pillory. This I have owned to his Face, and shall not go back from this, and more, for fear, nor favour. So I rest as you shall find by your Servant:

Simon Wright.

This Letter Wright acknowledged to be his own Hand word for word▪ But said, Ples­sington and others had perswaded him to Write it. Thus the Man Swear­ing and Ʋnswearing contradictions against himself; My Lord only reply'd, See what you have under his own hand, I have no more to say to him.

UPon this diversity of Evidence, the Mannagers made this Observation, ( viz.) That the Attempts made to Silborn Launder and Wright, were manifest Signs my Lords Agents endeavoured by Sinister ways to vindicate his Cause.

[Page 27] To which the Papists answer. It is not conceivable how the Evidence given by Launder and Wright can draw the least suspision of Subornation on my Lord or his Friends: For the Proposal made to Launder was by my Lord Aston's Friends, and in behalf of my Lord Aston, and not of my Lord Stafford. Besides the words understood with that Candor and Sincerity they seem to have been spoken by my Lord Aston's Friends, import no more then this. That if Launder would like an Honest man, give True Testimony of what he knew against Ansel and Dugdale, at my Lord Aston's intended Tryal at London; his necessary Ex­pences should be born, and the convenience of an Horse provided for his Jour­ney thither. Where's the Subornation here? As for Wright indeed, he is a per­son of that Matchless worth, and hath given so clear proofs, both of his own unshaken Integrity, and Dugdale's Innocence; that he hath highly d [...]erved the Title, Credit, Dignity, and other the Emoluments of an Associate to the King's Evidence. In fine, he hath said so much both for himself and Dugdale, the Papists know not what, or how to say more.

THe last great Exception made by my Lord against Dugdale's Depo­sition was: That Dugdale Swore in this very Tryal, Dugdale 's Im­probable man­ner of Swea­ring. Page 22. the Jesuits had Entrusted him with all their Letters, that there came to his Hands whole Packets to and from several persons, in several places, all containing most Damnable Treason; many of which, he said, he opened, read and knew the Contents: Yet though the preserving two or three; nay, even one single Letter, under the Authors hand, might have been so highly advantageous to the proving the Truth, both of his own Evi­dence, and the whole Plot in general: Nevertheless he could not produce one Scrip or Line to back his Assertion, or clear himself from the Forgeries laid to his charge.

To obviate this Exception; the Mannagers brought in two Sisters, Elizabeth and Anne Elder: These Sisters Deposed; That Dugdale coming one day to their House with several Bundles of Papers in his Pockets and Breeches, desired them to Burn them; saying, the Times were troublesome, and he being to Travel to divers places, if he were taken people would think him a Plotter, having all those Papers about him: That hereupon Elizabeth Burnt all the Papers, except one Book, concerning which Anne asked Dugdale, whether or no that also should be Burnt? He answered no, lay that by, it may do good seven years hence; There is no Treason in it. Elizabeth reply'd, Is there any thing of Treason in the others? He said, Do you think there is? Elizabeth fur­ther Deposed; She did see Mr. Dugdale take a Glass of Sider, and hear him say, and Wish it might be his Damnation; and he might Sink in the place where he stood, if he knew any thing of the Plot.

FRom the Testimony of these two Sisters, the Managers drew these Inferences. First Dugdale 's Fears and Apprehensions in Burning so many Bundles of Papers, denote there were matters contained in them, which if known, would have Discovered the Plot. Secondly, When the Question was proposed to Dugdale, whether his Little Book should be Burnt or no: He answered; No, There was no Treason in it; which Ambiguous manner of Expression, argues there was something of Treason in the other Bundles.

To which the Papists answer. To the first, it is not Credible; that Dugdale as yet a Catholick should bring to an Alehouse, and deliver to two Women, in the very heat of the Discovery of the Plot, his Pockets and Breeches full of Pa­pers, containing High Treason: Surely he might with more Secrecy and Safety, have Burnt them in his Chamber. But in short, if what the Women Attest be [Page 28] True; it is very easie to learn from the very words of Dugdale himself, the reason why he brought, and caused to be Burnt those useless Writings, ( viz.) Not be­cause there was any Treason in them, but because the Times, (as he said) being Troublesome, such Bundles of Papers found about a Travelling Papist, though never so Innocent, would afford matter of Search, and Suspition of his being a Plotter. To the second, Why should we amuse our selves or others with extorted Inferences drawn from Ambiguous Expressions here; none surely knows Dug­dale's mind better then Dugdale himself; we have his words Attested by this very Witness, to declare his meaning, let him tell us in plain English his own Senti­ment in this Affair. I wish (saith he) this may be my Damnation, and that I may sink in the place where I stand, if I know any thing of the Plot. Now let the World judge of Dugdale and his meaning.

Titus Oates's Deposition against my Lord.

THe next Witness that gave Evidence to the Impeachment against my Lord, Page 46, &c. was Titus Oates, who Swore, That in the year (77.) whilst he remained in Spain, and at St. Omers, he saw several Letters Signed Stafford, wherein my Lord assured the Jesuits of his Fidelity and Zeal, in promoting the Catholick Design. That in the year (78.) The said Oates being then in London, my Lord came to the Chamber of one [...]enwick a Jesuit now Executed, and there received a Commission from him in Oats's presence, to be Pay- Master-General to the Army: That upon a Discourse with the said Fenwick, my Lord said, he was of necessity to go down into the Country to take account how Affairs stood there: And did not doubt, but at his return Groves should do the busines And further added, speaking of the King; He hath deceived us a great while, and we can bear no longer.

My Lords Exceptions.

AGainst these Depositions, my Lord made these several Exceptions. The first was grounded thus; It was not to be imagin'd, that so many and great Conspirators, so well provided with Moneys, and Preferments, as Oates pretends; all engaged in a Design so danger­ous, so important to them to be kept Secret, would or durst permit Doctor Oates their Cabinet Councellour, and Main Engine, to be re­duced to such an Extremity of Want and Penury, that he had not Bread to put in his mouth. Yet my Lord was ready to prove in open Court, that at the very nick of time, when this Oates would have men believe, he was most Entrusted and Employed in carrying on the Con­spiracy, just then he was in so Poor and Despicable a condition, Page. [...]28, &c. so forsaken and contemned by all, for his Debauched Life; that he Begged at Doors for Six-pence.

To this Doctor Oates himself answered, Page 130, &c. he would save my Lord the trouble of proving any such thing; saying, a mans Poverty was no objection against his Honesty; and as he had not Six-pence in his Pocket when he began the Discovery, so hath he often wanted Two­pence since the same Discovery; having Expended several hundreds of Pounds in His Majesties Service, more then he had received: To prove this he made a Calculation of Sums given him by Great Persons, Sums allowed for taking of Jesuits, and Sums gained by Printing of Narra­tives, of all which he said, he had nothing left.

[Page 29] UPon this Argument of my Lord's drawn from Oates Beggery &c. The Mana­gers made no Observations. Why they did not, is a Question; some say be­cause the Doctor himself undertook to answer it: Others affirm, because they knew the more they stirred in it, the worse it would be; and so thought best to bury it in Silence and Oblivion.

To the answer therefore given by Doctor Oates; the Papists reply, Poverty is an Objection against Honesty in a person addicted (as Oates was) to Idleness, Vice, and Debanchery: And though a man may be Poor and Honest too, yet the same man at the same time, and in the same Circumstances Oates pretends to have been in, could never be Poor and a Plotter too: Could he be Privy to all the Grand Commissions? Could he be imployed in all the deep and Damnable Consults? Could he have at his mercy the Lives and Fortunes of all the Chief Conspirators? Men Stocked with Banks of Money, sufficient (if we will believe him) to raise Armies, and provide for two hundred thousand Soldiers? Could this man ne­vertheless Starve in a manner for Bread? Could he Beg for an Alms at the Pa­pists Doors? Could he be rejected and contemned as an Idle Vagabond, by the very persons who thus had put their Lives into his Hand? This is such a Paradox, as none in their Senses will ever believe. But the most pleasant passage (if there could be any pleasure in Bloody Perjury) This Oates af­firms in Lang­horns Tryal. is his Miraculous way of spending great Sums out of nothing, in His Majesties Service: He confesseth he had not Six-pence at the breaking forth of the Plot; yet he Swears he is several hundreds of Pounds worse since the Discovery of it. How came he then by all this Money? Why, he got it by way of Presents from some great Persons, by taking of Jesuits, and Printing of Narratives: But did not all these Gains accure unto him on the account of the Plot? On what other score were these Presents made by Great Persons? Had he any other Trade or Livelyhood then that of the Kings Evidence? Is it not too manifest those Guifts were bestowed on him as a Reward of Past, and Encouragement of Future Swearing? Would to God such great Persons would duly consider the Dismal Consequences which necessarily follow such Rewards:

THe second Exception made by my Lord against Oates's Evidence, Page 101. was; That the said Oates had Perjured himself in two Depositions, directly contradictory to each other: For proof of this, my Lord appeal­ed to divers of the Lords themselves, who were present at both the said Depositons; amongst whom the Earl of Berckley being required to speak what he knew: Attested, ‘That my Lord Chancellour did ask Doctor Oates at the Bar of the House this Question, ( viz.) My Lords desire to know if you can accuse any other person or persons of what quality soever? And you are encouraged by their Lordships to Ac­cuse them.’ Oates his answer was, my Lords, I have no more to Ac­cuse in Relation to England: Notwithstanding which Deposition, he afterwards in another (with unspeakable Insolence) expresly Accused the Queen in a matter (as he thought) of no less then High Treason, From hence my Lord concluded, if the first Deposition was true, Oates was Perjured in the Latter: If the Latter was true, he was Perjur'd in the First; so that which of the two soever is True or False, he is guilty of Perjury.

UPon this Proof, Page 179. the Managers made these Observations. First Doctor Oates having said much, and having many things in his Head, could peradventure not remember on a sudden this particular of the Queen. Secondly, The Evidence which Doctor Oates gave afterwards of the Queen was not positive, nor of his own knowledge, but words which he heard spoken in a Room in which he was not himself; [Page 30] but coming in afterwards, he saw the Queen there. Thirdly, It might not be so clear to Doctor Oates whether the Queen was a Person capable of an Accusation, so as to be tryed for Treason.

To which the Papists answer. To the first, 'Tis an evasion contradictory to com­mon Sense; that a man whose Business and Study it was to Discover a Plot against the Life of the King, and who by several long premeditated Depositions, had (as he said) discharged himself of all he knew should notwithstanding all this while never remember the most Essential part. ( viz.) The Inhumane Murder of the King, Designed and Consented to by his own Royal Consort. To the second, Oates Depos [...]ed upon Oath he heard such words, and circumstanced them with such particulars of Time and Place, as plainly denote he intended a full and home Accusation against the Queen. And granted, his Evidence was not positive, yet the matter was of such dangerous consequence, as ought not to to be concealed, especially, at a time when he was upon his Oath, to speak all he knew, and when he pretended by Discoveries to Save the Life of the King. To the Third, Though Oates left to himself [...] be very Stupid, yet he could not be so ignorant as not to know, that a Queen designing to Murder the King her Hus­band, is guilty of Treason; and whether She was lyable to a Tryal or no. Oates was guilty of Perjury; In that being Commanded and Encouraged by the Lords to make an entire Discovery of all he knew against any Person of what Degree or Quality soever; he expresly Swore, He had no more to Accuse in England. In­deed the Transcendent Lustre of the Queens Virtue, Innocence and Endeared Affection to His Majesty, leaves no place for Calumny to six upon: And the bare Charge of so soul a Crime, upon so Renowned a Goodness, is of it self Indepen­dent of other Contradictions, a more then sufficient Conviction of Oates's Perjury.

THe third Exception made by my Lord against Oates's Evidence was; Oates's new Porgeries. Page 102. That though Oates in his several Depositions (particularly those taken before the Privy Councel, and House of Lords) did often affirm he had given an entire and Faithful account, to the best of his re­membrance, Of all whatsoever he knew, as to the matters and persons con­cerned in the Plot: And though he had then also time and opportunity to reflect and deliberate upon what might any wise relate to my Lord Stafford in that affair; yet he never accused him of any other thing, then only, That he had seen beyond the Seas some Letters Signed Stafford, wherein the Writer had testifyed his zeal for the Catholick Design: But when afterwards consulting with himself, and possibly with some others, he found this flamm of his would not amount to any thing material whereon to ground an Impeachment, he Invented and Im­posed upon my Lord a Commission of Pay-Master-General to the Army; a device he never once thought on before. From which proceeding my Lord argued; If there were such a Commission, received by my Lord at Fenwick's Chamber, in such a manner as Oates relates; this Commission being a matter of so grand Importance, and the Delivery of it accompanied with so many remarkable circumstances in the very presence of Oates. Page 25. It is impossible that the said Oates, who (as he saith) on purpose for Discovery, had taken Notes and Memorials, even of Trivial Occurrences, should forget, and by consequence omit a thing of this high concern in his former Depositions. But if there were no such Commission, Page 126. (as Most assuredly there was none) then is Oates Per­jured in his present Evidence: And verily (added my Lord) if it be permitted to this man dayly to frame New Accusations; If easie credit be given to all his Fables, and whatsoever he shall from time to time Invent, may pass for good Evidence; Who can be secure? At this rate, he may by deegrees Impeach the whole Nation, for Crimes which nei­ther he, nor any man else ever yet dream'd on.

[Page 31] UPon these Arguments and Inferences made by my Lord; the Managers would not; and the Papists say, They need not make any remarks.

THe fourth Exception made by my Lord against Oates his Evi­dence, Oates his Apo­stacy and Sacriledge. was: That whereas Oates now declares, He never was re­ally a Roman Catholick, but only Feigned himself to be so; My Lord often and strongly insisted, Page 123. That a Protestant of the Church of England, who convinced in his Judgment of the Truth of his Religion, shall ne­vertheless, on what pretence soever Provoke God, belye his own Conscience, and violate all Sacred things; So as to make a solemn Abrenuntiation of his Faith and Church. To profess himself a Roman Catholick, to live amongst them, to practice Religious duties with them, for three years together; and this to such an height of Sacriledge, as frequently to re­ceive the Sacrament, and perform daily external Worship; to it, (which in the Judgment both of Protestants and Catholicks was to him, so be­lieving direct, and gross Idolatry) cannot rationally be supposed to stick at Perjury, when Advantageous to him; And, ought not by the Law of God or Man, to be credited or admitted for an Evidence against any one; But rather detested and abhorred, by all good Men, as undeserving the name of a Christian.

UPon this pressing Inference the Mannagers made this following Observation: Suppose Dr. Oates did out of Levity, or for want of being well grounded in his own, turn to another Religion. It is hard, That the matter of changing his Re­ligion, when nothing else is laid to his charge, should disparage his Testimony, see­ing many who have changed their Religion more then once (Example Mr. Chilling­worth) are yet esteemed credible Persons.

To which the Papists answer: To change from a wrong to a right Religion, is no disparagement; but Protestants will hardly allow Oate's first pretended change to be such. However my Lord insisted not upon the changing but the seigning Religion. Oates did not out of Levity or Conviction of Judgment (as Mr. Chil­lingworth) turn from his own to another Religion. but remaining interiourly of the same belief, he exteriously renounced what he so believed, and Sacrilegiously practised the direct contrary, than which nothing can be more detestable. Nay he affirmeth, he often received the Sacrament▪ and took dreadful Oaths of Se­crecy in pursuance of most Bloody and Hellish Designs. If this be true, what credit can be given to a Monster accustomed and insured (by his own cofession) to such damnable Oaths. But if it be false (as indeed it is) then is he Perjured in his Evidence.

Edward Turbervil's Deposition against my Lord.

THe last Witness that gave direct Evidence to my Lord's Impeach­ment, was Edward Turbervil, who Swore, That in the year (75.) he was perswaded by his Friends, to take upon him the Fryers habit at Doway; That being weary of that state, he left it, and came into Eng­land, for which he incurred the displeasure of his Friends, and Relati­ons, who (he said) discountenanced him, and could not endure to see him; That hereupon he went into France, and Arrived at Paris, and became acquainted with the now Prisoner, my Lord Stafford, by means of two Priests, Father Nelson, and Father Turbervil; That after a fortnights acquaintance, and promise of Secrecy, my Lord pro­posed unto him a way, whereby as he said, he might not only retrieve [Page 32] his credit with his Relations, but also make himself an happy Man; which way, at last my Lord told him in direct terms, was, To take away the life of the King of England, who was an Heretick, and consequently a Rebel against God Almighty; For circumstantial instances of this, Turbervil Swore, That he had, during that fortnights acquaintance, fre­quent access to my Lord at his Lodgings; That when he took leave of him to come for England, his Lordship was troubled with the Gout, and had his Foot on a Stool; That my Lord had appointed him to wait for him at Diepe in order to his coming over with him in a Yacht; That accordingly Turbervil went to Diepe, but that being there, my Lord writ him word, he had altered his resolution, and would take his Journey by the way of Callice, and that he should hasten to attend his Lordship at London; That hereupon he came into England, but soon after re­turned again into France, because not being willing to undertake my Lord's proposals, he was discountenanced by his Friends, redu­ced to poverty. And thought himself not safe even amongst his own Relations.

My Lord's Exceptions.

TO this deposition my Lord pleaded in his defence, Turbavil's Per­jury in seven Particulars. That Turbervil had Perjured himself in several parts of this, and other his De­positions.

First, Turbervil here Swears my Lord made a Proposal to him in di­rect terms, To take away the Life of the King. Now my Lord proved; That since the discovery of the Plot, The said Turbervil did absolutely Forswear any knowledge he ever had of any design, or any Plot what­soever against the King's Person, Life or Government; The Witnesses were these.

John Porter, Page 120 &c. a Protestant, attested, That Turbervil told him several times, He did verily believe, neither the Lord Powis, nor the rest of the Lords were in the Plot; And the Witnesses that Swore against them, he believed were all Perjured, and could not believe any thing of it. Porter Answered, If there was such a thing, He ( Turbervil,) having been beyond Seas, must certainly know of it; Turbervil reply'd, As he hoped for Salvation, he knew nothing of it, neither directly nor in­directly, against the Kings Sacred Person, nor Subversion of the Govern­ment. And he further added, Although I am a little low at present, and my Friends will not look upon me, yet I hope God Almighty will never leave me so much, as to let me Swear against Innocent Persons, and For­swear and Damn my self.

Mr. Yalden a Protestant and Barrister at Law, Pag. 122. attested, That he heard Turbervil say, in an heat, these words, ( viz.) God damn me, now there is no Trade good, but that of a Discoverer; But the Devil take the Duke of York, Monmouth, Plot and all, for I know nothing of it.

To Confront these Testimonies, Pag. 152. the Mannagers produced one Mr. Powel and Mr. Arnold, who deposed, That Turbervil told them, He had much to say in relation to the Plot, but did not name any par­ticulars, fearing (he said) he might be discouraged in it.

[Page 33] UPon these Testimonies of Mr. Porter and Mr. Yalden, The Mannagers made these Observations. First, It is not probable, that Turbervil designing to be a Discoverer, should disable himself ever to be so, by Swearing Horrid Oaths, he knew nothing of the Plot. Secondly, The Testimony of Porter and Yalden are op­posed by the contrary Testimony of Powel and Arnold,

To which the Papists answer: To the first, It is not improbable, but very likely, that Turbervil as yet not fully resolved, to make Shipwrack of his Conscience and Honesty, did often protest, He knew nothing of the Plot; And if the positive attestation of two credible Witnesses may be admitted for good Evidence: It is not bare probability, but just and solid proof that he did so; And by consequence, his present Discoveries ought not to be regarded, otherwise then as the new and gainful Inventions of a Perjured Man. To the second, The Testimony of Powel, and Arnold hath no manner of weight against my Lord's Evidence, but rather compleats the charge of Perjury against Turbervil. For it is granted, that Turbervil hath said and Swore, both to Powel, Arnold, and the whole House of Parliament, He knew much of the Plot. But this being directly contradictory to the dreadful Oaths here attested by Porter and Yalden, and no wise denyed by Powel and Arnold; It followeth by the Testimony of all the four Witnesses, that Turbervil is guilty of Perjury.

SEcondly, Turbervil Swears: That during the Fortnights acquaintance with my Lord at Paris, Page 109. he had, by means of the Priests, frequent access to him, at his Lodgings there. Now my Lord's Gentleman and Page, who both then constantly waited on him, attested, They never once saw Turbervil there; And Turbervil himself acknowledged in Court, He knew them not.

To qualify this Evidence, Page 151. Thomas Mort was called, who deposed; ‘ That he being at Paris and desirous to return into England; Turbervil told him, his Brother the Monk, had introduced him into the savour of a Lord, by which means they might both of them have the convenience of passage in a Yacht, which staid for my Lord at Diep. That hereupon they went to Diep, but finding no Yacht there, Turbervil told him, If they went to Calis, they might go over with my Lord from thence in the Yacht.’ At last they light on a Fisher-Boat at Diep, and so came over in it; But that this forementioned Lord was my Lord Stafford, or that he ever saw Turbervil in my Lord's Lodgings, or Company at Paris, or else-where, he could not say.

UPon these Testimonies, the Mannagers made this Observation: ( v [...]z) The Priests had such a transcendent Insluence over my Lord, as might gain admit­tance for any whom they pleased, not only into my Lord's House, but also into my Lord's Heart, without the privity or knowledge of his Servants. Now it plainly ap­pears by the attestation of Mort, that Turbervil, through his Brother the Monk's means, was become my Lord's Favourite.

To which the Papists answer: It is not proved, either that the Priests had such a Transcendent Influence over my Lord's House and Heart, or that Turbervil through their means, became a Favourite? Mort indeed tells us, Turbervil told him, His Brother the Monk had Introduced him into the Favour of a Lord; And this Favour only, to come over with him in a Yacht. For the Truth of which also he had only Turbervil's word, and the thing it self never performed. Must we from hence infer, my Lord had given his Heart to the Priests, and they had Intro­duced Turbervil into it? A strange Inference: But let it be granted, my Lord had a real Friendship and Kindness for the Monks, what then? How is it proved, they imployed their Interest with him, in Trayterous Designs? Why? Turbervil Swears it. Thus one Forgery is made use of to support another, and nothing [Page 34] but proofless Fictions to make all out: Yet to come more close to the present Evidence. Had the Priests Introduced Turbervil into my Lords acquaintance and favour; this could not be done Invisibly to the Servants; some body must needs see and know, when they came in and out; My Lord was then in Lodgings, and had none but two Servants about him; Turbervil never pretends either the Priests, or he, made a secret of their visits; Their accesses to my Lord (he saith) were very frequent, as the nature of the business, and pretended intimacy with my Lord, seem'd to require. The Condition of Turbervil was also such, as might well render him desirous of the Servants acquaintance and Friendship; especially being then (as he said) immeditrly to go over in the Yacht with them, and to continue employed in my Lords Designs and Service at London. Now that a Man in these Circumstaces, should not know these Servants, nor be known, or so much as once seen by them; is Morally Impossible.

THirdly Turbervil Swears, That when he took leave of my Lord at Paris, to come for England, his Lordship was troubled with the Gout in his Foot. Now my Lord protested in the presence of all that knew him, he never had the Gout in all his Life; His Servants also who then lived with him, Page 108. ( viz. Mr. Furness and Mr. Leigh) gave at­testation, they never knew him subject to that Infirmity; only several years since, he had been troubled with the Sciatica, which my Lord confessed, and the Earl of Stamsord testisied; made him sometimes formerly (though never at Paris) walk with a Staff.

UPon these Testimonies, the Mannagers made no Observations. But the Papists Avouch, here is also direct Perjury proved upon Turbervil, by two Credible Witnesses. And though the subject of the Perjury seems not to be matterial to the main Accusation, yet he that shall wilfully Perjure himself in any one Circumstance, ought not to be credited in the whole; Seeing Nature it self, abhors the Testimony of a Man, who hath once Invoked Almighty God to bear Witness to a Lye.

FOurthly Turbervil Swears, That after his refusing to be a Fryer, he was discountenanced by the Lord Powis, and others of his Friends and Relations, so that he durst not appear amongst them. Now my Lord proved, by several Witnesses. That after his return from the said Fryers, he was civilly treated, and charitably entertained, by his said Friends and Relations. To make this good,

John Minehead attested, That Turbervil after his coming from Doway, lay in the House of the Earl of Powis, Page 113. his former Master, and was cour­teously entertained, both by my Lord, and the whole Family.

John Turbervil, Brother to the Deponent, attested, He never knew that any of his Relations gave him an Angry word; but on the contrary, when he went to Paris, his Sister bestowed on him Seven Pounds to bear his Charges; Upon which he said, He would never trouble them more.

UPon these Testimonies, Page 181. the Mannagers made these Observations, First, Though Turbervil might peradventure (as Minehead attests) be civily Treated by my Lord Powis in publick, yet what Reproaches or unkind words might pass between my Lord and him in private, Minehead might not hear. Secondly, It was no great Kindness in Turbervil 's Relations, to give him Seven Pounds (as his Brother attests) never to see him more; They rather purchased his absence, then did him a Kindness by such a Favour.

To which the Papists answer: To the first, Groundless Surmises of private un­kindnesses, which none ever yet came to the knowledge of, nor Turbervil him­self [Page 35] so much as pretends, Is a strange way of clearing a Man in open Court from the guilt of Perjury; To frame and fancy things that possibly might be, and draw prejudicial Inferences from thence, as if they actually had been, is unjust proceeding. To the second, Turbervil (as his Brother attests) never had one angry word from his Relations; and when his Sister gave him Seven pounds, it was not to purchase his absence, nor did they turn him away. But he himself, ashamed it seems of his past misdemeanours, and confounded at the goodness of his Friends. Said, He would never trouble them more.

FIfthly, Page 106 Turbervil in his Information given to the House of Commons Swore: That be came to Live with the Lord Powis in the year (73.) and came into England in the year (76.) But the next day after he had given in this Information, he altered the aforenamed Dates; and in­stead of (73.) caused to be inserted (72.) And instead of (76.) caused to be Inserted (75.) which Alteration, Page 180. my Lord affirmed, included Perjury.

UPon this proof the Managers made this Observation: An Honest man may mistake as to point of time in an Evidence given even upon Oath: And to Rectify such a mistake the very next day after it was committed, denotes rather Ten­derness of Conscience then Perjury in Turbervil.

To which the Papists answer. No Honest man will positively Swear to what he knows not: And it is argued, Turbervil when he gave in his Information, cer­tainly knew whether the matters and circumstances he then Swore to, were True, or False, or Dubious: It the first, he is Perjured in the Alteration; If the second, he is [...]jured in the Information; If the third, he is not a person of Honesty and Credit, who will positively Swear without Hesitation to a thing of which he is ignorant whether True or False? And therefore the Alteration made upon second Though s [...] cannot in such a Case be justly imputed to Tenderness of Con­science, but to some, not before conceived Apprehensions, of being taken Tardy in a Lye.

SIxthly, Page 112. Turbervil in the Information given to the said House of Commons, and Exhibited in Court, Peremptorily Swore: That my Lord came over out of France in the Company of Count Gramount, by the way of Calais. In direct opposition to this Information, my Lord proved, that he neither came out of France in the Company of Count Gramount, not by the way of Calais; but by the way of Deep, a Month after Count Gramount was in England.

The Witnesses who gave Attestation of this, Page 110 were Mr. Wyborne, who went over from England to Deep in the same Yacht which fetched my Lord; and Mr. [...]urness and George Leigh my Lords Servants, who came with my Lord in the said Yacht from Deep to England.

UPon these Proofs of Perjury, Page 182. the Managers made this Observation. When Mr. Turbervil Deposed, My Lord came over by the way of Calais in the Com­pany of Count Gramount; it could not be his Intention to say this as a matter of his own knowledge, seeing he himself in the same Affidavit tells us, He came away be­fore my Lord, and had not his passage with him: Put the words Candidly taken, are to be understood, That he was informed, my Lord came over by the way of Calais in the Company of Count Gramoun: Now that Mr. Turbervil was thus informed, is evident, as well by the Letter which (he saith) he received at Deep from my Lord, as also by the asorementioned Attestation of Mort who sayeth, That being at Deep, Turbervil told him, if they went to Calais, they might go over with my Lord in the Yacht; so that in the whole, Mr. Turbervil may be said to have been peradventure something unwary in expressing himself, but not Perjured in his Evidence.

[Page 36] To which the Papists answer: To excuse a man from Pejury, by pretending an occuls meaning and intention in the Swearer, not expressed in the words of his Oath, is such an Evasion, as if admitted, would destroy the Integrity of an Oath, and elude all proof of Perjury whatsoever: Turbervil Swears in down, right terms, my Lord came over by the way of Calais in the Company of Count Gramount, without any addition That he was Informed so. In which Oath he is directly Perjured; for he Swears as an absolute Truth, and without Re­striction, what of it self is an absolute Lye, and what at best he could but Guess at, by report and hera-say. It is true indeed, he contradicts himself in the sequel of his Information, by saying He came away before my Lord, and had not his Passage with him; but it is connatural to Perjury, to include contradictions; Wicked Men are often blinded with Malice, Passion, or Interest; And no won­der to find Incoherence of parts, in a Story divested of Truth. The only thing can be collected of Probability in this whole matter is, That Turbervil being at Pa­ris, in an Indigent condition, and desirous to return home, got imperfect In­telligence that an English Lord (whose name as yet he knew not) and a French Count called Gramount, had a Yacht waited for them at Diep. And having also a Brother then in Paris, he sought by his means to gain admittance for a Pas­sage in the said Yacht. This design of his he imparts to Mort, a Person in the same condition, and who had the same purpose with himself. Hereupon Mort and he go to Diep in hopes to find the Yacht there, but they fail'd of their ex­pectation, and Turbervil missing the Yacht, would have perswaded Mort to go in the search of it to Calais; Whilst they were in this debate, they lighted on a Fisher-Boat, and so came over in it into England. Thus much may be conjectu­red from the Relation of Mort. But that Turbervil during his stay at Diep, recci­ved a Letter from my Lord, intimating his intention of coming for England, by the way of Calais, and that he should hasten to meet him at London, is a most palpable Forgery; For neither could Turbervil, when required, produce any such Letter, nor did my Lord come over by the way of Calais as Turbervil would have us believe that Letter Imported. And indeed who can imagine, my Lord should send word to his new Confederate at Diep, to hasten to meet him at London, when he himself remained at Paris, (as hath been proved) above a month after: and at length also came not to Calais, but to Diep and from thence home, so that here is nothing but contradictions in the whole course of Turber­vil's Evidence.

SEventhly, Turbervil in the last mentioned Information positively Swore: Page 101. That the Lord Castlemain was present at certain Fraite­rous Consults at Powis-Castle, several times within the years (72,) or (73) Now my Lord proved, that the said Earl of Casilemain was never at Powis-Castle within the compass of that whole time.

This was demonstrated by the Attestation of Mr. Lidcot a Protestant, and Fellow of Kings-Colledge in Cambridge, who having Lived with the Earl Nine years, and particularly Accompanied him in all his Jour­neys and Residences, during those two above named years; gave this distinct account out of his Book of Journals ( viz.) ‘My Lord set forth from Liege to Paris January 1st. Page 116. (72.) Stilo novo, where he remained three Weeks; and from thence arrived at London January 24. Stil' vet, there he staid till May (73) from thence he went to Liege again in June, and from Liege he set forth to London in August; and returned back to Liege October the 3. Stilo novo (73.) where he remained till January (74.) &c.’ Thus much to the charge of Per­jury.

UPon this proof of Perjury the Mannagers made this Observation: Mr. Lydcot the Fellow of Kings-Colledge (as he call'd himself) was indeed so out in his Arithmatick, so mistaken in the year; And used the Roman stile (or [Page 37] date) so much more then the English. That they suspected he was not so great a Protcstant as he pretended to be.

To which the Papists answer: That a solid Witness ought not be Railed out of his Evidence, in a matter of Life and Death, Mr. Lydcot (however skilled in Arithmatick, however great or little Protestant) substantially proved the Earl of Castlemain, never was at, or near Powis-Castle, from the first of Janu­ary (72) till past December (73.) the inclusive time wherein Turbervil Swears, He was at a Consult there. And it is strange, so weighty and convincing a proof of Perjury, in a matter of so high and serious a concern, should be shifted off by a trissing Jest.

LAstly, Turbervil 's loose manner of Life. My Lord upon occasion made some Remarks upon Turbervil's Beggery, Loose manner of Life, and divers odd Circumstances in the course of his Evidence, which much reflected upon his Reputa­tion: To support it therefore, the Managers produced these Wit­nesses.

Mr. Arnold, Page 154. Jones, Hobby and Scudamore, Deposed; That they knew Turbervil, but for their parts never heard, or saw any evil by him.

Mr. Matthews a Minister Deposed the same, as to Turbervil's Reputa­tion; and added: That Turbervil a little before he made his Discovery, owned himself a Roman-Catholick; but seemed to have a mind to quit that Religion, being convinced by the Arguments Matthews gave him, of the Excellency of the Principles and Practices of the Protestant Church; yet would never acknowledge he knew one Syllable of the Plot.

UPon these several Remarques, the Mannagers made this Observation: The good Character here given of Turbervil, by four Witnesses, shew him a Man of much Vertue and Integrity; And it ought to be considered as a farther addition to his Praise, that he had the grace (though indigent) to refuse the proposal made to him by my Lord, of Killing the King.

To which the Papists answer: It is no sufficient proof of Turbervil's Vertue and Integrity, that four Persons say, They know no ill of him; He may be guilty ne­vertheless of a Thousand Crimes unknown to them; few or none are so intirely abandoned or detested by all Mankind, as not to find four Persons in the World who will make a favourable report of them. But it is evident from what hath been already proved; That Turbervil was a man in all points compleatly equip­ped for a Knight of the Post: For first, he was indigent; Secondly, he was hor­ridly addicted to Cursing and Swearing; Thirdly, he looked upon feigning Disco­veries, as the only way to get Moneys. All this is manifested by his own Words and conversation with Mr. Yalden and Mr. Porter before mentioned; As I hope for Salvation (said he) I know nothing of the Plot. The Devil take the Duke of York, Monmouth, and all. God damn me, there is now no Trade good but that of a Discoverer. Who shall ever want Witnesses, that can find men thus qualified? And whereas it is said, he had the grace to refuse the proposal made to him, of Killing the King. It ought first to be proved, otherwise then by his own assertion; He had such a Proposal made, before the refusal of it can be just­ly alledged as an argument of grace in him. Finally, It is very remarkable what Parson Matthews the last of the Witnesses here Deposeth, ( viz.) That though Turbervil had a mind to quit the Roman Catholick Religion, being (as he said) convinced by the Arguments Matthews gave him, of the excellency of the Principles and Practices of the Protestant Church; yet he would never acknow­ledge to the said Matthews, his new Ghostly Father, That he knew one sillable of the Plot.

The sum of the whole Evidence, both for and against my Lord. ¶ 4.

IN this sort passed and ended the Particular Evidences, given as well by the Mannagers against my Lord, as by my Lord in his own defence. After this the Court required each Party to sum up their respective Evidence; And it being by course of Law, my Lord's turn to begin; He performed it to this purpose.

First, ‘He pleaded his Age, Page 163. &c. The sum of my Lord's Plea as to matters of Fact. his want of Endowments, his Exhausted Spirits and strength in this long Tryal; In consideration of which he hoped their Lordships (who were both his Judges and Councel,) would Pardon the many defects he must needs commit in Summing up his de­fence: Then he Recapitulated the whole Evidence (already speci­fied) as well as his weak memory, and discomposed condition would permit. He reminded their Lordships of the several points wherein he had proved the Witnesses Forsworn: He recounted their sayings, and unsayings to the same things. The various Contradictions, the moral Impossibilities, and Absurdities, as to divers (though before­hand studied) parts of their Evidence; Inferring from hence, That he who will Forswear himself in one thing, is not to be credited in any. He insisted upon the Infamy of the Witnesses, and Wickedness of their Lives, especially the more the Atheistical Sacriledge of some of them, acknowledged in open Court; He Inculcated their former Beggery, compared to the present Encouragement, Carasses, and Allurements of Gain, and Applause, they find in their new Employment. He alledg­ed their Subornation of others, to make good their Forgeries, their bare Oaths without any corroborating circumstances, but what depen­ded on the same Oaths; concluding, that such as will Swear Lyes, will never stick at Swearing of false Circumstances, to hancle those Lyes together.’

And having thus summed up his Defence, Page 167. &c. as well as a weak Old Man, harrassed and spent with five days pleading. And (as he said) deprived of Sleep, could do on a suddain; ‘He cast himself into their Lordships hands, desiring them to remember how faithfully he had served the King in the late Wars; How much himself, his Wife, and Family had suffered on that account; How easily he might have pre­vented those Miseries, if he would, as others did, have turned a Re­bel; And consequently, how-unlikely it is, he should now in his Old Age, and settled contented State, be guilty of so horrid a Crime, pro­ved only against him by the Incredible Stories of three Infamous Men.’

Then he proceeded to propose certain Points or Doubts in Law, which occurred in his case, My Lord's Plea as to matters of Law. concerning the manner of his Impeachment; the continuance of it from Parliament to Parliament; Whether the Indictment contained an Overt Act, necessary to a Conviction of Trea­son? Whether Men, who Swear for Money, ought to be credited, or admitted for Witnesses? Whether the Plot, being supposed a Plot of the Papists, was as yet legally proved so? Lastly, Whether there being but one particular Witness to any one particular point, such an Evi­dence be sufficient in Law.

[Page 39] WHen my Lord had ended his Queries, Page 199. &c. The sum of the Evidence a­gainst my Lord. the Learned Mannagers those dexterous Masters of Law and Eloquence addressed them­selves, to sum up the Evidence, and Illustrate the Proofs on their side.

That part which regards the especial matters charged by the Wit­nesses upon my Lord in particular, I have already incerted in the body of the Tryal, as the said several matters respectively occurred; The other Arguments made use of to enforce a belief of my Lord's Guilt, and ad­vance the credit of the Witnesses, take here (together with the Papists Answers) in short, as followeth.

The Managers therefore argued, ‘They had made it plain and appa­rent in the beginning of the Tryal, by the Testimonies of fix positive Witnesses; by the Declaration of both Houses of Parliament; by Coleman's Letters; by the Tryal and Conviction of other Traytors; that there was a general Design amongst the Papists, to introduce their Re­ligion, By raising of Armies, murdering the King, and subverting the Go­vernment.’

THe Papists answer: It is clear and manifest from the Reasons given, and Ar­guments answered, in the Preamble to this Tryal; That there never was any such general Design, any such Armies raised, &c. amongst the Papists. These being the meer groundless Suggestions of Infamous Men, whom Lucre and Malice instigated to Perjury against Innocent Catholicks.

THe Managers farther argued, ‘It was necessary this great Design of the Papists should be managed by the greatest Persons amongst them: Now my L. Stafford was a man whose Quality and Merit might well entitle him to an Office as great as Pay-master General to the Army; From whence they inferred, That the particular Evidence given herein against my Lord, was highly credible.’

THe Papists answer: It is a wrested Inference, and that also bottomed upon a false supposition; For first, There never was (as is said before) any such De­sign, nor by consequence any Armies or Officers, other then what were the Chy­merical product of Perjured Men. Secondly, Though there had been such a De­sign in general, as is here pretended; it is a strangely far fetched conjecture (surely not allowable in a case of Life and Death) that my Lord Stafford be­cause a Nobleman, must needs have a great, or indeed any part in it. Great Offices (especially amongst Traitors) are not usually committed to the best Born, but to the best Qualified for such employments. Now all the World that knew my Lord, his Humour, his Condition, his Economy in Money mat­ters, will avouch, (so incongruous are the Witnesses in their Lyes,) there was not peradventure amongst all the Persons of Quality, Catholicks in England, one less proper then he for Pay-master General to an Army. In fine, If there were a Plot in general, 'tis no necessary consequence my Lord was Guilty. But if there were none (as most certainly there was not) 'tis absolute demonstration my Lord was Innocent.

THe Managers argued, Page 170. ‘They had amply proved by their Wit­nesses, That the Priests and Jesuits, in their Sermons and Discour­ses, had justified the lawfulness, and incited their Votaries, to the pra­ctice of Treason, Rebellion, and Murder of Heretick Princes; Conforma­bly hereunto, whenever my Lord undertook any Treasonable Designs, it was still when the Priests and Jesuits were at his Elbow; still when they were egging him on; still when they were giving him Ghostly Counsel; when my Lord was amongst them, or but newly come from [Page 40] them, then it was he uttered the Treason of Killing the King. These notable Circumstances must needs (say they) render credible the Testimony of the Witnesses against my Lord.’

THe Papists answer, Here are Trayterous Sermons and Discourses alledged; How are they proved? Why, by the Oaths of the Witnesses that heard them. But the Credit of these Witnesses are questioned; How is that made out? Why, by the Trayterous Sermons and Discourses which they heard. Thus still the Question is begged, and nothing proved but by bare swearing, peremptory swearing, of infa­mous men, without any face of one single Circumstance to support their Evidence, other than what dependeth on the same swearing: As if those that stick not to swear a false Oath, should stick at Circumstances to second their Perjury. Had the Managers flourished upon the Honesty of the Witnesses; the Ʋprightness of their Lives; the Integrity of their Manners; their dis-engagement from Self-interest; the Circumstances inducing a probability, distinct from the bare Oaths, (things necessary to a legal Conviction) the Tryal would have had another appearence. It is therefore again urged, That there are such Wretches as Knights of the Post. That men may, and often do, break God's great Commandment, Thou shalt not bear false Witness against thy Neighbour. That wicked Persons, of lost Consciences and desperate Fortunes, are most propense to commit this Crime. That this Propension is much augmented by an assured prospect of Indempnities from Punishment, and advantage of Gain. And consequently, the bare, and otherwise improbable, Oaths of such men, so circumstanced, cannot (especially in matters of Life and Death) be credited against honest and vertuous Persons; nay against whole Nati­ons, without a dreadful hazard of Injustice. But there will be a further occasion to speak of these alledged Trayterous Sermons and Discourses, when we come to treat of my Lord's Principles.

THe Managers still argued, Page 171, &c. ‘The three Witnesses were all express and positive in their Evidence against my Lord.’

THe Papists still answer, It is not positive swearing of evil, but probable swea­ring of good men, should convict my Lord, or any other, of guilt, especially in matters of High-Treason.

THe Managers likewise argued, ‘It was impossible there could be a Contrivance amongst the Witnesses themselves to depose the same Crimes against my Lord, Page 184. seeing there was no intercourse between Oates and Dugdale;’ nor did they know each other till long after Oates's accusation of my Lord; And it is as little credible, they could concurr in the same thing, unless the Evidence of both were true.

THe Papists answer, Though there were no Contrivance arising from any ac­quaintance or intercourse had between Oates and Dugdale, before their se­veral Discoveries, yet the latter might well take example and encouragement, from the practice of the former; and so indeed it was; for Dugdale being invol­ved in Debts, and thrown into Gaol, cast about how to retrieve his desperate For­tune; and hearing that Oates and Bedlow (men before sunk to the bottom of reproach and beggery) had by Perjury and Impudence freed themselves from the Punishment of the Laws, gained immense rewards, and now lived in a degree above the port and expence of ordinary Gentlemen; he at last (yet not without frequent anguish, and reluctance of Conscience) swallowed the alluring bait; and knowing my Lord Stafford (whom he had seen at Tixal) was already in the Tower, and accused by Oates of the Plot, he devised a like fabulous story of the Plot also, making my Lord, and other Gentlemen, where he lived and served in Staffordshire, the chief Actors in it. By which means Dugdale became Partner with Oates and Bedlow, both in the Title and Profit of the King's Evidence.

[Page 41] THe Managers argued, Page [...] ‘ Oates and Dugdale were so ready in their Answers, when any Question was asked them, and confirmed still their precedent discourses by their subsequent replies; Nay, the whole frame and series of the Plot, though consisting of many particu­lars, and attested by persons of no great natural capacities, is yet so co­herent in every part of it, that it is impossible the same should be false.’

THe Papists answer, Oates and Dugdale were often so confounded, when any Question was asked them out of the road; and their precedent dis­courses were usually so inconsistent with their subsequent replies; Nay the whole story (though studied before-hand, and the Authors all manner of ways encouraged and assisted in their invention) is yet stuffed and involved with so many absurdities, contradictions, and impracticable chymaera's, (as has been al­ready often and fully proved) that it is impossible the same should be true; for Falshood may, but Truth cannot be inconsistent of parts.

LAstly, the Managers having amply dilated and descanted upon each particular Evidence and Argument, alledged, as well against my Lord, as in his defence; and making even critical remarks upon what­ever might be drawn either to the advantage of the one, or prejudice of the other, (the substance of all which hath been already specified in its pro­per place.) At length they concluded, with sharp and moving aggra­vations against the Popish Principles, (whereof also we shall by and by, according to promise, give a distinct account;) And insisting a while on this subject, with much accuteness of Wit, and seeming applause, they closed up their Evidence.

THus, Answer to [...] Lord's Plea in matters of Law. when there was a period put to proof in matters of Fact, there began a debate as to matter of Law, concerning a doubt proposed by my Lord, (the other of his Queries not being admitted disputable) ( viz.) Whether two Witnesses be necessary to every Overt-act, in point of Treason? Page 190. This Question being referred to the Judges, they determined it to the Negative.

After this, My Lord's par­ticular Address. my Lord petitioned the Court (as a peculiar favour) That he might offer some things to their Lordships Consideration, the purport of which was, ‘That he had proved direct Perjury upon all the three Witnesses against him: That, Page 198. as well at the instance of his Wife, Daughter and Friends, as out of sincerity of Conscience, he would, in the presence of Almighty God, declare to them, All that he knew: That he verily believed there had been in former times Plots and De­signs against the Crown and Government, (as the Gun-powder-Treason, &c. owned by the Traytors themselves at their death) wherein some Ro­man Catholicks, as well as others, might be concerned; which Plots he from his heart (as both his Duty and Religion taught him) detested and abhorred: That it was ever indeed his opinion, That an Act of Comprehension for Dissenting Protestants, and a Tolleration for Roman Catholicks (yet so as not to admit them into any Offices of Profit or Dignity) would much conduce to the happiness of the Nation; But this not otherwise to be procured or desired, then by a free consent of the King, Lords, and Commons, in Parliament assembled: That he ne­ver read or knew of Coleman's Letters, or Consultations for Tolleration, till he saw the Letters themselves in the Printed Tryal: How far Cole­man was Criminal he did not know, but he believed he did that which was not justifiable by Law: That, as to the damnable Doctrine of [Page 42] King-killing, If he were of any Church whatsoever, and found that to be its Principle, he would leave it. That he knew the disadvan­tage he was under, in being forced, alone, to stand a contest with the Learned Gentlemen the Mannagers, who have those great helps of Memory, Parts, and Understanding in the Law, all which he wan­ted. That therefore he hoped their Lordships would not conclude barely upon the manner, either of his; or their expressions. But se­riously debating the merits of the Cause in it self, would please to be his Councel, as well as his Judges. That seeing he was to be Acquit­ted, or Condemned by their Lordships Judgement; He knew they would lay their hands upon their Heart, Consult their Consciences, and their Honours; And then he doubted not, they would do what was just and equitable; That (with submission to their Lordships) he thought it hard measure, and contrary to Law, that any one should be Im­prisoned above two years, without being admitted to Tryal; And that it was of evil consequence for any one to have Justice denyed him, so long till his Opponents had found occasion to gain their ends; That however those large Allowances, and Rewards granted to the Witnesses, for Swearing, might peradventure be an effect of His Majesties Grace and Bounty; yet it was not easily conceivable, how the hopes and promises of so great Sums should not prove to dissolute, indigent Persons, strong Allurements and temptations to Perjury. Fi­nally, That the defence he had made, he owed it to the worth and dignity of his Family; He owed it to his dear Wife and Children; (at which words he was observed to weep,) He owed it to his Innocense; He owed it to God, the Author of Life. That he confided, their Lordships would duly reflect, what a dreadful thing Murder is, and the Bloud of Innocents: And that he verily believed none of the House of Commons, desired his Death for a Crime of which he was not Guil­ty. That he hoped their Lordships would not permit him to be run down by the shouts of the Rable, (the Emblem of our past Calamity.) It be­gan in the late times with the Lord Stafford, and so continued, till it ended in the Death of the King, the most execrable Murder, that ever was committed; And where this will end (said he,) God knows. To conclude, He again declared in the presence of God, of his Angels, of their Lordships, and all who heard him, That he was intirely Innocent of what was laid to his charge; That he left it to their Lordships to do Justice, and with all submission resigned himself to them.’

To this discourse of my Lords, the Mannagers returned for answer: That his Lordships last Address was not regular, nor according to the due method of proceedings; for if after his Lordship had summed up his Evidence, and the Prosecutors had concluded theirs, he should begin that work again, and they by consequence be admitted to reply, he might still rejoyn upon them, and so there would be no end of procee­dings. They therefore desired this Indulgence granted to my Lord, might not serve for a future President.

The Conclusion of the Tryal. ¶ 5.

HEre then the Lord High Steward wholly terminating all further process on either side; The Court gave final Judgment; And the [Page 43] Lord High Steward collecting the Votes, my Lord Stafford was Pro­nounced Guilty, by fifty five Votes against thirty one.

When the Votes were passed, the Lord High Steward, declared to the Prisoner, He was found Guilty of High Treason, whereof he was Im­peached. To which my Lord Stafford answered, Gods holy name be praised my Lord for it. Then the Lord High Steward asked him, What he could say for himself, why Judgment of Death should not be given upon him according to Law? He reply'd, My Lord, I have very little to say; I confess I am surprized at it, for I did not expect it. But Gods will be done, and your Lordships; I will not murmur at it. God forgive those who have Falsly Sworn against me.

‘We are now come to the final Sentence of Death, Page 212. My Lord High Steward's Speech. For a Prologue to which the Lord High Steward made a short Pathetick Speech; where­in after some reflections upon the Plot in general, he descended to my Lords case in particular; And then advised his Lordship (as now a supposed guilty Person,) to bething himself of the State and Con­dition he was in: His Religion imputed to him as the C [...]se of his Guilt. of his Religion and Guides, that ('tis said) had se­duced him: Of the repentance due to so hainous Crimes: And con­cluded with an assurance to his Lordship, That a true Penitential Sorrow joyned with an humble and hearty Confession, was of mighty power and efficacy, both with God and Man.’ He then pronounced Sentence upon him, in these words.

The Judgment of the Law is, Page 21 [...]. The Sentence. and the Court doth award it, ‘That you go to the place from whence you came, from thence you must be drawn upon an Hurdle to the place of Execution; when you come there, you must be Hanged up by the Neck, but not till you are Dead, for you must be cut down Alive; your Privy Members must be cut off; And your Bowels Ript up before your Face, and thrown into the Fire: Then your Head must be severed from your Body, and your Body divided into four Quarters. And these must be at the disposal of the King. And God Almighty have mercy on your Soul.’

My Lord received this dismal Sentence, with a meek and resigned Countenance: He declared in the presence of Almighty God, he had no malice in his Heart to them that had Condemned him: But free­ly forgave them all.

He made one, and only one humble request to their Lordships, ( viz.) That for the short time he had to Live a Prisoner, his Wife, Children, and Friends might be permitted to come at him. My Lord High Steward told him, their Lordships had so far a Compassion for him, They would be humble suiters to the King. That he will remit all the punishments, but the taking off his Head.

Thus Sentence being passed the Lord High Steward broke his Staff, and my Lord Stafford was led back from the Bar to the Tower. The Ax being carryed before him, (as the Custom is in such cases) with the Edge toward him.

SECT. III.
My Lords PRINCIPLES of FAITH and LOYALTY.

DOubtless the thing which most weighed to my Lord's prejudice; most advanced the credit of the Evidence; And most influen­ced both his Prosecutors, and Judges against him, was a pre-possessed Opinion of wicked Principles, supposed to be held and practised by my Lord, as the matter of his Faith and Religion. It is by many taken for granted, The Papists hold it an Article of Faith, That to Depose and Murder Kings, to Massacre their Neighbours, and destroy their Na­tive Countrey by Fire and Sword, (when the interest of their Religon re­quires it) are acts dispensable by the Pope, and meritorious of Heaven. Now what thing so wicked however, slenderly proved, will not easily be believed against Men so Principled. My Lord therefore to clear himself, and his Religion from this heavy, and (as the Papists say) injurious Aspersion, Page 54. ‘Protested and Declared in the presence of Al­mighty God, and their Lordships his Judges; That he hated and de­tested such Principles, Page 53. as he did Damnation to himself; And that he could not be more desirous of Salvation, then he was cordial in ha­ting such Principles. That he ever held Treason to be the worst of Crimes, and knew no term ill enough to express it. That he heard with horrour the late wicked practices in Scotland. That he acknow­ledged the King his lawful Soveraign, and knew no Person or Autho­rity on Earth, could absolve him from his Allegiance.’

And least this might seem a meerly extorted profession of a despai­ring Man; My Lord endeavoured to prove by several convincing Testimonies, he had ever been Instructed and Educated in the same Sentiments, as the Established Doctrine of the Roman Catholick Church.

His first Testimony was taken from places of Holy Scripture, Ibid. par­ticularly That of St. Math. 22. v. 21. ‘ Render to Caesar the things that are Caesars, &c. From the plain and clear sense of which, and other Texts of Holy Writ, nothing (he said) in this world was able to re­move him.’

His second Testimony was taken from the Authority of the General Council of Constance, Ibid (to which all Roman Catholicks are obliged to sub­mit;) The 15 th. Canon and Definition of which Council is this: ‘ Qui­libit Tyrannus potest & debet licité & meritorié occidi per quemcun (que) Vasallum suum vel Subditum, etiam per clanculares insidias, & subtiles blanditias vel adulationes non obstante quocun (que) Praestito juramento seu confoederatione factis cum eo, non expectatâ sententiâ vel mandato judicis cujuscun (que) Adversus hunc errorem Satagens haec Sancta Synodus, exur­gere, & ipsum funditùs tollere, declarat & desinit, hujusmodi Doctri­nam erroneam esse in fide, & in moribus, ipsamque tanquam Haereticam, Scandalosam, & ad [...]raudes, Deceptiones, Mendacia, Proditiones, Perjuria, vias dantem, reprobat, & condemnat. Declarat insuper & decernii quod pertinaciter Doctrinam hanc perniciocissimam asserentes sunt Haeretici, & tanquam tales juxta Canonicas Sanctiones puniendi.’ Englished thus, ‘Every Tyrant lawfully and meritoriously, may, and [Page 45] ought to be Killed by any Vassal or Subject whatsoever; even by hid­den Treacheries and subtle Flatteries or Adulations, notwithstanding any Oath given, or confederation made with him; Without expect­ing the Sentence or Command of any Judge whatsoever, ( which clause is added in regard of the right of Supreme Temporal Monarchs, over inferior Princes Subordinate to them.’) Against which Error this Holy Synod (industrious to withstand, and utterly to extirpate it,) doth declare and define, that this Doctrine is Erroneous in Faith and Manners, and the same as Heretical, Scandalous, and opening a way to Frauds, Deceipts, Lyes, Treasons and Perjuries doth dissaprove and condemn; It farther declares and decrees, that those who obstinately maintain this most pernicious Doctrine, are Hereticks, and as such ought to be pun­ished, according to Canonical Sanctions.

My Lords third Testimony was taken from the Annotations upon the 13 th. Chapter of St. Paul's Epistle to the Romans, Ibid. in the English Catho­lick Edition of the new Testament, set forth by the Colledge of Divines at Rhemes! The words are these (upon the Text, He that resisteth, &c. v. 2.) ‘Whosoever resisteth, of obeyeth not his lawful superior, in those causes wherein he is subject to him, resisteth Gods appointment, and sinneth deadly and is worthy to be punished both in this World by his Superior, and by God in the next Life. For in Temporal Go­vernment and Causes, the Christians were bound in Conscience to obey, even their Heathen Emperours.’ And (upon the Text, Beareth not the Sword, &c. v. 4.) ‘There were certain Hereticks called Begardi, that took away all Rule and Superiority; The Wickleffists also would obey no Prince nor Prelate, if he were once in deadly sin: Some Prote­stants of our time, care neither for the one, nor for the other; though they extol only Secular Power, when it maketh for them. The Catholicks only most humbly obey both, according to Gods Ordinance; the one in Temporal Causes, and the other in Spiritual; in which order both these States have blessedly flourished in all Christian Countreys ever since Christs time.’

My Lords fourth Testimony, Ibid. was taken from the censure of the Do­ctors of the famous Faculty of Sorbon, in the Ʋniversity of Paris, against a Book of Anthony Sanctarelus, treating of Heresie, Schism, &c. Par­ticularly against the 30 th. and 31 st. Chapters of the said Book. The censure of the Faculty my Lord produced in Court, and is as followeth.

Upon the first of April in the year of our Lord 1626. after Mass of the Holy Ghost; the usual Assembly of Doctors being met in Solemn manner, in the Hall of the Sorbon Colledge, was heard the relation of the Masters of the same Faculty deputed for that end, who declared, that in those two above-mentioned Chapters, these propositions were contained. That the Pope can punish Kings and Princes, with Tem­poral Penalties, and Depose and Deprive them, of their Kingdoms for the crime of Heresie, and free their Subjects from their obedience; And that it had been always the custom in the Church; And for other causes also, as for faults, if it be expedient; If the Princes be negligent; For the insufficiency, and unprofitableness of their Persons; Likewise that the Pope has right and power over Spirituals; and all Temporals also, and that both the powers, Spiritual and Temporal are in him by Divine right; That it was to be believed, that Power was granted to the Church and its Chief Pastors, to punish with Temporal Penalties, (Princes) the trans­gressors [Page 46] of Divine and Humane Laws, especially if the Crime be Heresie. They said likewise, that the same Sanctarelus did affirm, That the A­postles were subject to secular Princes, de facto, non de jure; by Fact, not by Right; Moreover, That as soon as the Pope is installed, all Princes begin to be subject unto him. Lastly, they related that he, ( Sanctarelus) expounded the words of Christ, Whatsoever ye shall bind upon Earth, &c. To be understood not only of the Spiritual, but of the Temporal Power: That he imposes upon St. Paul, chang­ing his words, by withdrawing the Negation; and upon many, Authors cited by him. They related many other things out of the said Sanctarelus, which seemed to them very well to deserve the grave Animadversions and Censure of the Faculty. The matter there­fore being brought into debate by the Dean, the mature deliberati­ons of all and every Master being heard, the Faculty hath dissap­proved and condemned the Doctrine contained in these propositions and other like expressions in the same Chapters, as new; False, Errone­ous, contrary to the word of God: drawing hatred upon the Ponti­ficial Dignity; giving occasion to Schism; Derogatory from the Supreme authority of Kings dependant on God alone, hindring the con­version of Heathen and Heretical Princes; disturbing the publick Peace; Destructive to Kingdoms, States, and Common-Wealths; withdrawing Subjects from Obedience and Subjection; and exciting to Factions, Rebellions, Seditions, and Murder of Princes. Given in the Sorbon the 4 th. of April 1626.

Taken out of the Archives of the foresaid Faculty, by me Secretary thereof, the 26 th. of September 1679.
MASSIN.

MY Lords fifth Testimony, Ibid. was taken from a little Treatise, writ (as my Lord said) by a Priest of the Church of Rome, and en­tituled, Roman-Catholick Principles, in Reference to God and the King. The chief Contents of which Treatise; Because it in short explains the above-named Principles, and clears the Objections usually made on this Subject. I shall here insert in the Authors own Words, for the Rea­ders more ample satisfaction.

IS it not strange and severe, ( saith this Author) That Principles, (of Treason, Rebellion, Murder, &c.) and those pretended of Faith too, should be imposed upon Men, which they themselves renounce and detest? If the Turk's Alcoran should in like manner be urg'd upon us, and we hang'd up for Mahumetans, all we could do or say in such a Case, would be patiently to die, with Protestation of our own Innocence. And this is the posture of our present Condition; We abhor, we re­nounce, we a [...]minate such Principles; We protest against them, and seal our Pro­testations with our Dying Breaths. What shall we say? What can we do more? To accuse men as guilty in matters of Faith, which they never own'd, is the same thing, as to condemn them for matters of Fact, which they never did.

You press the Question, and say, some of our General Councils, several Papal De­crees, and many of our Doctors and Divines, assert the fore-mentioned Principles. Sir, I have been instructed in the Articles of my Faith, and I acknowledge the law­ful Authority of General Councils: yet I profess I never learnt, or found asserted in any of them, any such Principles. And I propose unto you this plain and short Dilemma; Either the above-named Principles are esteem'd by us as matters of [Page 47] Faith, or not: If they be, what further can be required of us, than to deny and forsake such a Faith? And this we constantly do. But if they be not matters of Catholick Faith, nor owned by us as such, why are Catholicks, as Catholicks, pu­nished for them? why is our Religion persecuted on that account? Let those, in God's Name, if any therebe, of what Religion soever, who bold such Tenents, suf­fer for them: why should the Innocent be involv'd with the Guilty? there is neither Reason nor Justice in it.

Hereunto some Persons (I hope out of zeal and mis-information, An Obje­ction, rather than malice) stick not to say, That Dispensations, and I know not what Indulgences and Pardons, whereby to legitimate the Crimes of Lying and Forswearing, when the Interest of our Church requires it, is a main part of our Religion: and by conse­quence, the denial of our Principles, is no sufficient Justification of our Innocence. I an­swer; First, It is in the highest measure censorious in any one, to impose upon all our Ancestors, Answered. and the greatest part of mankind, who are, or have been so long together Members of our Religion, such an excess of Folly and Wickedness, as must needs have perverted all Humane Society. Secondly, If we could lawfully deny the Principles of our Faith when Interest requires, why have we lost our Estates, our Liberties, our Lives for the profession of it? To what purpose are Oaths and Tests devised to intangle us? How impertinently is the frequenting the Protestant Church, and Receiving the Communion, proposed unto us, and refused by us? Thirdly, Though many men may be induced to Lie, and Forswear, when they have some hopes or prospect thereby of Temporal Advantage; yet, that persons dying for their Conscience and Religion, (as divers have done, and those no Fools, even by the Confession of our Adversaries) should be so stupendiously sottish and mad, either to imagine, that Lies and Perjuries, for concealment of Treason, Murder, Massacre, and Destruction of others by Fire and Sword, should be Acts of Virtue, pleasing to God, dispensable by the Pope, and Meritorious of Heaven; or that, on the contrary, knowing and believing (as needs they must) such Monsters and Horrours to be odious and detestable in the sight both of God and Man, they should nevertheless, upon the very brink of Eternity, wittingly and willingly, cast themselves headlong into an as­sured Damnation; and this at a time when they might have saved both Bodies and Souls, by meerly discharging a good Conscience, in acknowledging the Truth, and becoming honest men. This, I say, is Inhumane, and contradictory to all Sense and Reason to believe.

Now therefore, I come to what you so often, and so earnestly press me to, viz. to satisfie the world, The intent of this Epistle. and clear my self, my Fellow Sufferers, and my Religion, from the imputation laid upon us, on pretence of such Principles, by a true and candid Explanation of my Belief and Judgment in the main points of Faith and Loyalty, controverted between Catholicks and Protestants, as they severally relate to GOD and the KING.

PARAGRAPH I. Of the Catholick Faith, and Church in General.

1. THe Fruition of God, [...] Christ. and Remission of Sin, is not attainable by man, other­wise then Eph. 2. 8. 1 Cor. 15. 22. in, and by the Merits of Jesus Christ, who ( gratis) purchased it for us.

2. These Merits of Christ are not applied to us, applicable by Faith. otherwise than by a Right Mark 16. 16 Heb. 11. 6. Faith in Christ.

3. This Faith is but Eph. 4. 4. &c. One, entire and conformable to its Object, Which is but One, being Divine Revelation; to all which Jam. 2. 10. Faith gives an undoubted assent.

4. These Revelations contain many Mysteries 1 Cor. 1. 20. Mat. 16. 17. transcending the natural reach of Humane Wit and Industry: Supernatu­ral, Wherefore,

5. It became the Divine Wisdom and Goodness, By the Di­vine Provi­dence to be learnt. to provide Man of some Isai. 35. 8. way or means whereby he might arrive to the knowledge of these Mysteries; By the Di­vine Provi­dence to be learnt. Means Joh. 9. 41. visible and apparent to all; Means Mat. 11. 25. proportionable to the Capacities of all; Means John 15. 22. sure and certain to all.

[Page 48] 6. This way or means is not the reading of Scripture, Not from private In­terpretati­on of Scri­pture. but from the Univer­sal Church, dilated, continued and guided by the Holy Ghost for that end. interpreted according to the private 2 Pet. 3. 16. Pro. 14. 12. Mat. 22. 29. Reason or 1 Jo. 4. 1, & 6. Prov. 12. 15. Spirit of every disjunctive Person, or Nation in parti­cular; But,

7. It is an Attention and Mat. 18. 17. Luke 10. 16. Submission to the Doctrine of the Catholick or Ʋniversal Church, established by Christ for the Instruction of all; Psal. 2. 8 sa. 2. 2 &c. 49. 6. Matth. 5. 14. Spread for that end throughout all Nations; and visibly continued in a Succession of Pastors, and People throughout all Ages: From which Church Isai. 59. 21. Joh. 16. 13. Ezek 37. 26. Eph. 5. 25. &c. 1 Tim. 3. 15. Mat. 16. 18. Guided in Truth, and secured from Error in Matters of Faith, by the Mat. 28 20. Joh. 14 16. promised Assistance of the Holy Ghost, every one may, and ought to Deut 17. [...]8. &c. Mat. 23. 2. Learn both the Right Sense of Scripture, and all other Christian Mysteries and Duties, respectively necessary to Salvation.

8. This Church, This Church is the same with the Roman Ch­tholick, From the Testimony of which, we believe the Scri­pture to be Gods Word. Divine Re­velations only Mat­ters of Faith. thus Spread, thus Guided, thus visibly Continued, Can. 6. 8. Joh. 10. 16. Rom. 15. 5. Joh. 17. 22. Philip 2. 2. in One Ʋniform Faith, and Subordination of Government, is that Self-same which is termed the Roman Catholick Church; The Qualifications above-mentioned, ( viz.) Ʋnity, Indeficiency, Visibility, Succession, and Ʋniversality,) being appli­cable to no other Church, or Assembly whatsoever.

9. From the Testimony and Authority of This Church, it is, that We Receive, and Believe the Scriptures to be God's Word: And as She can Mat. 16. 18. 1 Tim. 3. 15. Mat. 18. 17. assuredly tell Us, This or That Book is God's Word; so can she with the like Assurance, tell us also the True Sense and Meaning of it, in Controverted Points of Faith; The same Spirit that Writ the Scripture, Isai. 59. 21. Joh. 14. 26. Enlightning Her to Understand, both It, and all Matters Necessary to Salvation. From These Grounds it Follows,

10. All, and only Divine Revelations deliver'd by God unto the Church, and proposed by Her to be Believ'd as such, are, and ought to be esteem'd Articles of Faith; and the contraty Opinions, Heresie. And,

11. As an Obstinate Separation from the Ʋnity of the Church, in known de­clared Matters of Faith, is formal 1 Cor. 11. 19. Mat. 18. 17. Heresie; So a wilful Separation from the Visible Ʋnity of the same Church, What Here­sie, & what Schism! How Mat­ters of Faith are proposed by the Church. in Matters of Subordination and Government, is formal Tit. 3 10. 1 Cor. 1. 10. cap. 12. 25. Schism.

12. The Church proposeth unto Us Matters of Faith: First, and chiefly, By the Joh. 5. 39. Holy Scripture, in Points plain and Intelligible in it. Secondly, By Acts 15. per tot. Definitions of General Councils, in Points not sufficiently Explained in Scripture. Thirdly, By 2 Thes. 2. 15. cap. 3. 6. 2, Tim. 2. 2. Apostolical Traditions, deriv'd from Christ and his Apostles, to all Succeeding Ages. Fourthly, By her Jam. 2. 18. Gal. 1. 7, 8. Practice, Worship, and Ceremonies, Confirming her Doctrines.

PARAGRAPH II. Of Spiritual and Temporal Authority.

1. GEneral Councils (which are the Church of God, What is the Authority of General Councils Representative) have no Commission from Christ to Frame New Matters of Faith, (these being sole Divine Revelations) but only to Deut. 17. 8. Mat. 18. 17. Acts 15. pertot. Luke 10 16. Heb. 13. 7. 17. explain and ascertain unto us, what antiently was, and is received and retained, as of Faith in the Church, upon ari­sing Debates and Controversies about them. The Definitions of which, General Coun­cils, in matters of Faith only, and proposed in such, oblige, under pain of Heresie, all the Faithful, to a Submission of Judgment. But,

2. It is no Article of Faith to believe, An Expla­nation of the same Authority. That General Councils cannot Err, either in matters of Fact or Discipline, alterable by circumstances of time and place; or in matters of Speculation or Civil Policy, depending on meer humane Judgment, or Testimony. Neither of these being Divine Revelations Joh. 14, 16. deposited in the Ca­tholick Church; in regard to which alone, she hath the 1 Tim. 6. 20. promised Assistance of the Holy Ghost. Hence it is deduced,

3. If a General Council (much less a Papal Consistory) should undertake to depose a King, and absolve his Subjects from their Allegiance; A Deducti­on from thence concerning Allegiance. no Catholick, as Catholick, is bound to submit to such a Decree. Hence also it followeth:

[Page 49] 4. The Subjects of the King of England lawfully may, A second Deduct on concern­ing the same. without the least breach of any Catholick Principle, Renounce, even upon Oath, the Teaching, Mantain­ing, or Practising the Doctrine of deposing Kings Excommunicated for Heresie, by any Authority whatsoever, as Repugnant to the fundamental Laws of the Na­tion, Injurious to Soveraign Power, Destructive to the Peace and Government; and by consequence, in His Majesties Subjects, Impious and Damnable. Yet not pro­perly Heretical, taking the Word Heretical in that connatural, genuine sense, it is usually understood in the Catholik Church; Of the Oath of Allegiance. on account of which, and other Expressions, (no wise appertaining to Loyalty,) it is, that Catholicks of tender Consciences refuse the Oath commonly call▪d the Oath of Allegience.

5. Catholicks believe, The Bishop of Rome Supreme Head of the Church but not In­fallible. That the Bishop of Rome is the Successor of St Peter, Mat. 16. 17. Luke 22. 31. Jo 21. 17. Vicar of Jesns Christ upon Earth, and Head of the whole Catholick Church; which Church is therefore sitly stiled Roman Catholick, being an universal Body Eph. 4, 11, &c. united under one visible Head. Nevertheless,

6. It is no matter of Faith to believe, That the Pope is in himself Infallible, se­perate from a General Council, even in Expounding the Faith: By consequence Papal Definitions or Decrees, though ex Cathedra, as they term them, (taken exclusively from a General Council, or Ʋniversal Acceptance of the Church) oblige none under Pain of Heresie, to an interior Assent.

7. Nor do Catholicks as Catholicks believe, that the Pope hath any direct, or indirect Authority over the Temporal Power and Jurisdiction of Princes. Hence, Nor hath any Tem­poral Au­thority o­ver Prin­ces. if the Pope should pretend to Absolve or Dispence with His Maiesties Subjects from their Allegiance, upon account of Heresie or Schism, such Dispensation would be vain, and null; and all Cathelick Subjects (notwithstanding such Dispensation or Absolution) would be still bound in Conscience to defend their King and Coun­trey, at the hazard of their Lives and Fortunes, 1 Pet. 2. v. 17. &c. even against the Pope himself, in case he should invade the Nation. The Church not respon­sible for the Errors of particular Divines.

8. And as for Problematical Disputes, or Errors of particular Divines, in this, or any other matter whatsoever, the Catholick Church is no wise responsible for them: Nor, are Catholicks as Catholicks, justly punishable on their Account. But,

9. As for the King Killing Doctrine, King-Kil­ling Doct­rine Dam­nable He­resie. or Murder of Princes, Excommunicated for Heresie; It is an Article of Faith in the Catholick Church, and expresly de­clared in the General Council of Constance, Conc. Const. Sess, 15. That such Doctrine is Damnable and Heretical, being contrary to the known Laws of God, and Nature.

10. Personal Misdemeanors of what Nature soever, Personal misdemea­nours not to be im­puted to the Church. ought not to be Imputed to the Catholick Church, when not Justifyable [...] the Tenents of her Faith and Do­ctrine; For which Reason, though the Stories of the Paris Massacre; the Irish Cruelties; Or Powder-Plot, had been exactly true, (which yet for the most part are Notoriously mis-related) nevertheless Catholicks as Catholicks ought not to Suffer for such Offences, any more then the Eleven Apostles ought to have Suf­fered for Judas's Treachery.

It is an Article of the Catholick Faith to believe, No Power on Earth can autho­rise Men to Lye, For­swear, Murther, &c. that no Power on Earth can License Men to Lye, to Forswear, and Perjure themselves, to Massacre their Neighbours, or destroy their Native Countrey, on pretence of promoting the Ca­tholick Cause, or Religion; Furthermore, all Pardons and Dispensations granted, or pretended to be granted, in order to any such ends or Designs▪ have no other validity or Effect, then to add Sacriledge and Blasphemy to the above-mentioned Crimes.

12. The Doctrine of Equivocation or Mental Reservation, Equivoca­t [...]on not allowed in the Church. however wrong­fully Imposed on the Catholick Religion, is notwithstanding, neither taught, nor approved by the Church, as any part of her Belief. On the contrary, Simplicity, and Godly Sincerity, are constantly recommended by her, as truly Christian Vertues, necessary to the Conservation of Justice, Truth, and Com­mon Society.

PARAGRAPH III. Of some Particular controverted Points of Faith.

1. EVery Catholick is obliged to believe, Of Sacra­mental Absolution that when a Sinner Ex. 18. 21. 2 Cor. 7. 10. Repenteth him of his Sins from the bottom of his Heart, and Psa. 32. 5. Pro. 28. 13. Acknowledgeth his Transgressions to God and his Act. 19. 18. 1 Cor. 4, 1, Jam. 5. 16. Ministers, the Dispensers of the Mysteries of Christ, resolving to turn from his evil ways, Luk. 3. 8. and bring forth Fruits worthy of Penance, there is (then and no otherwise) an Authority left by Christ to Absolve such a Penitent Sinner from his Sins: which Authority Christ gave to his Joh. 20. 21. &c. Mat. 18. 18. Apostles, and their Successors, the Bishops and Priests of the Catholick Church, in those words, when he said, Receive ye the Holy Ghost, whose Sins you shall forgive, they are forgiven unto them, &c.

2. Though no Creature whatsoever can make Tit. 3. 5. Condign satisfaction, Of Satis­faction by penitenti­al works either for the Guilt of Sin, or the Pain Eternal due to it; 2 Cor. 3. 5. This satisfaction being proper to Christ our Saviour only; yet Penitent Sinners Redeemed by Christ, may, as Members of Christ, in some measure Act. 26. 20. Jonas 3. 5. &c. Psa. 102. 9. &c. Psa. 109. 23. Dan. 9. 3. Joel. 2. 12. Luke 11. 41. Acts 10. 4. satisfie by Prayer, Fasting, Almes Deeds, and other Works of Piety, for the Temporal Paine, which by order of Divine Justice sometimes remains due, after the guilt of Sin, and Pains Eter­nal are ( gratis) remitted. These Penitential Works are notwithstanding satis­factory no otherwise, than as joyned and applyed to that satisfaction, which Jesus made upon the Cross; Indulgen­ces are not Remission of Sins, but only of Canonical Penances. Abuses herein not to be char­ged on the Church. in vertue of which alone, all our good works find a grateful 1 Pet. 2. 5. acceptance in God's Sight.

3. The Guilt of Sin, or Pain Eternal due to it, is never remitted by Indulgen­ces; but only such 1 Cor. 5. 3. &c. Temporal Punishments as remain due after the Guilt is re­mitted; These Indulgences being nothing else than a 2 Cor. 2. 6. &c. Mitigation or Relaxa­tion upon just causes, of Canonical Penances, enjoyned by the Pastors of the Church on Penitent Sinners, according to their several Degrees of Demerit. And if any abuses or mistakes be sometimes committed, in point either of Granting or Gaining Indulgences, through the Remisness, or Ignorance of par­ticular Persons, contrary to the ancient Custom and Discipline of the Church; such Abuses or Mistakes cannot rationally be charged on the Church, There is a Purgatory or State, where Souls de­parting this Life with some blemish are purifi'd nor ren­dred matter of Derision, in prejudice to her Faith and Doctrine.

4. Catholicks hold there is a Purgatory, that is to say, a Place, or State, where Souls departing this Life, with Remission of their Sins, as to the Eternal Guilt or Pain Nu. 14. 20, &c. 2 Sam. 12. 13. &c. yet Obnoxious to some Temporal Punishment still Remaining due, Or not perfectly freed from the Blemish of some Pro. 24. 16. Mat. 12. 36. & Cap. 5. 22. 26. venial Defects or Deordinati­ons, (as Idle Words, &c. not liable to Damnation) are Mat. 5. 26. 1 Cor. 3. 15. purged before their Admittence into Heaven; where nothing that is Rev. 21. 27. defiled can enter. Fur­thermore,

5. Catholicks also hold, Prayers for the Dead available to them. Superflu­ous Questions about Purgatory. That such Souls so detained in Purgatory, being the Living Members of Christ Jesus, are Relieved by the 1 Cor. 15. 29. Coll. 1. 24. 2 Mac. 12. 42, &c. 1 Jo. 5. 16. Prayers and Suffrages of their Fellow members here on Earth: But where this place is? Of what Nature or Quality the Pains are? How long each Souls is detained there; After what manner the Suffrages made in their behalf are applyed? Whether by way of Sa­tisfaction or Intercession? &c. are Questions Superfluous, and Impertinent as to Faith.

6. No Man, Of the me­rit of good Works, through the merits of Christ. though just, Jo. 15. 5. 16. can Merit either an Increase of Sanctity or Happiness in this Life, or Eternal Glory in the next, Independent on the Merits and Passion of Christ; Nevertheless in, and by the Merits of Christ Jesus, Mat. 16. 27. Cap. 5. 12. Cap. 10. 42. 2 Cor. 5. 10. 2 Tim. 4. 8. the good Works of a just Man, proceeding from Grace and Charity, are acceptable to God, so far forth as to be, through his Goodness, and Sacred Promise, Truly Meritorious of Eternal Life.

7. It is an Article of the Catholick Faith; Christ re­ally pre­sent in the Sacrament of the Eu­charist. That in the most Holy Sacrament of the Eucharist, there is Truly, and Really, contained the Mat. 25. 26. Mark 14. 22. Luke 22. 19. 1 Cor. 11. 23. &c. Cor. 10. 16. Body of Christ, which was delivered for us, and his Bloud, which was shed for the Remission of Sins; The substance of Bread and Wine, being by the powerful Words of Christ, chan­ged [Page 51] into the Substance of his Blessed Body and Bloud, the Species or Accidents of Bread, and Wine still remaining. Thus,

8. Christ is not present in this Sacrament, according to his natural way of Existence, But after a supernatu­ral manner that is, with extension of parts, in order to place &c. but after a Supernatural manner, one, and the same, in many places, and whole, in every part of the Symbols. This therefore is a Real, Substantial, yet Sacramental Presence of Christ's Body and Blood, not exposed to the external Senses, nor Ob­noxious to corporeal Contingences.

9. Neither is the Body of Christ in this Holy Sacrament, Seperated from his Bloud, Whole Christ in either species. Hence Communi­cants under one kind; are no wise deprived either of the Body or Bloud of Christ. Of the Sa­crifice of the Mass. Worship of Images wrongful­ly Impos'd on Catho­licks. Yet there is some Ve­neration due both to Pictures, or his Bloud from his Body, or either of both disjoyned from his Soul and Divinity, but all and whole Jo. 6. 48. 50, 51, 57, 58. Acts 2. 42. living Jesus is entirely contained under either Species; so that whosoever receiveth under one kind, is truly partaker of the whole Sacrament, and no wise deprived either of the Body or Bloud of Christ. True it is,

10. Our Saviour Jesus Christ left unto us his Body and Bloud, under two distinct Species or Kinds; in doing of which, he instituted not only a Sacrament, but also a Sacrifice; Lu 2 [...]. 19, &c. a Commemorative Sacrifice distinctly 1 Cor. 11. 26. shewing his Death or Bloudy Passion, until he come. For as the Sacrifice of the Cross was performed by a distinct Effusion of Bloud, so is the same Sacrifice Commemorated in that of the Heb. 13. 10. Altar, by a distinction of the Symbols. Jesus therefore is here given not only to us, but Luke 22. 19. for us: and the Church thereby enriched with a true, pro­per, and propitiatory Mal. 1. 11. Sacrifice, usually termed Mass.

11. Catholicks Renounce all Divine Worship, and Adoration of Images or Pictures Luke 4. [...] God alone we Worship and Adore: nevertheless we make use of Pictures, and place them in Ex. 25. 18. Churches and Oratories, to reduce our wan­dering thoughts, and Enliven our Memories towards Heavenly things. And far­ther, we allow a certain Honour and Veneration to the Picture of Christ, of the Virgin Mary, &c. beyond what is due to every Prophane Figure; not that we believe any Divinity, or Vertue in the Pictures themselves, for which they ought to be Honoured, but because the Honour given to the Pictures is referred to the Prototype, or things represented. In like manner.

12. There is a kind of Honour and Veneration Respectively due to the Bible, to the Cross, to the Name of Jesus, to Churches, to the Sacraments, &c. as Jos. 7. 6. Ex. 3. 5. Psa. 99. 5. Ph. 2. 10. Luke 3. 16. Acts 19. 12. things peculiarly appertaining to God; And other sacred things. also to the Jo. 12. 86. glorified Saints in Hea­ven, as the Domestick Friends of God; yea, 1 Peter 2. 17. Rom. 13. 7. to Kings, Magistrates, and Supe­riors on Earth, as the Vicegerents of God; To whom Honour is due, Honour may be given, without any Derogation to the Majesty of God, or that Divine Worship appropriate to him. Furthermore,

13. Catholicks believe, That the blessed Saints in Heaven replenished with Cha­rity, Rev. 5. 8. pray for us their fellow-Members here on Earth; that they Luke 15. 7. Rejoyce at our Conversion; Prayers to Saints law­ful. that seeing God, they 1 Cor. 13. 12▪ see and know in him all things suit­able to their happy state; that God is Inclinable to hear their Requests made in our behalf; Ex. 32. 13. 2 Chron. 6 42. and for their sakes, grants Us many Favours; That therefore it is Good, and Profitable to Desire their Intercession; And that this manner of Invocation is no more Injurious to Christ our Mediator, nor Superabundant in it self, than it is for one Christian to beg the Prayers and Assistence of Rom. 15. 30. another in this World. Notwithstanding all which, Catholicks are taught not so to Relie on the Prayers of Others, Yet so as not to neg­lect our Duties. as to neglect their own James 2. 17. 30, &c. Duty to God: in Imploring his Divine Mercy and Goodness: Rom. 13. [...] in Mortifying the Deeds of the Flesh: in Rom. 12. 2. Despising the World: in Loving and Gal. 5. 6. Serving God, and their Neighbours: in Following the Footsteps of Christ our Lord, who is the John 14. 6. Way, the Truth, and the Life: To whom be Honour and Glory for ever, and ever, Amen.

[Page 52] THese are the Principles, These the Treasons, These the Idolatryes, and Super­stitions, which, though no other then what We have Receiv'd of our Fore­fathers, and what the greatest part of the Christian World now profess: yet have drawn upon Us poor Catholicks in England such Dreadful Punishments. A Conclu­sion from the Premi­ses. I Beseech you Sir, consider our Case, without Passion or Prejudice, and I am confident you will see, We are not such Monsters, as our Adversaries Represent Us to be: nor entertain such Principles, as are Inconsistent with our Duty to God and the King.

You seem to say, This very Plot, with which We are charged, proves us Guilty of wicked Principles. But, under Favour, You here commit a Vicious Circle in way of Arguing: For first, here are wicked Principles alledg'd to make good the Proof of a Plot: And these being deny'd, An Obje­ction An­swered. the Plot is introduced to make out the wicked Principles: As if a Man should say a thing, because he thought so: and give no Reason why he thought so, but only because he said so; which instead of Proof, is to beg the Question. Certain I am, Catholicks both Taught, and Pra­ctis [...]d Principles of Loyalty, at a Time, when the King and Kingdom felt the Dire Effects of contrary Perswasions.

In Fine, whatsoever is pretended against Us, it is manifest We suffer for our Religion, and for our Religion wrongfully traduced. It is a farther Comfort to Us, that our Sufferings (God be praised) are in some measure, Catholicks suffer for their Reli­gion. not unlike to those of Christ our Lord: For it was laid to his Charge, as it is to Ours, that he was a Traytor to Lake 23. 2. Caesar; That he perverted the People, and endea­vovred the John 11. 48. Destruction of Church and State: Nor were there wanting, then as now, Their Suf­ferings not unlike to those of Christ our Lord. an OATS and BEDLOE, Matt. 26. 60. two false Witnesses to Swear all this.

Thus God, Rom. 8. 29. Verse 17. I hope, hath Predestinated Us, (as the Apostle saith) to be con­form to the Image of his Son: to the end, that Suffering with Him, We may (through his Mercy) be Glorified together with him.

Sweet Jesus Bless our Soveraign: Pardon our Enemies: Grant Us Patience: and Establish Peace, and Charity in our Nation.

THus much of my Lord's Principles in Reference to God and the King; Whether they be agreeable to Reason; and conformable to the Law and Ghospel of Christ, I leave to the Impartial Reader to Judge.

SECT. IV. My Lord's Declaration before the House of Lords after his Condemnation.

SOon after my Lords Tryal, several of his Relations and Acquain­tance, (some out of zeal against Popery, and others out of kind­ness to my Lord,) were daily urgent with him to make Discoveries of all he knew, as the only remaining remedy whereby to save his Life, regain the Kings favour, and attract the applause of the whole Na­tion. My Lord always reply'd, He was most willing and ready out of a meer sense of Duty and Conscience (independent of any Temporal advantage to himself) to discover with all imaginable Sincerity, the ut­most [Page 53] utmost of what he knew, either to the King, or House of Lords, when ever they required it. The Lords being informed hereof, Ordered his ap­pearance before them the next day. When he came, and had audience granted, he made his acknowledgments to this effect. ‘That he thought it no crime in any Man to wish his Neighbour might be of the same Religion wherein he himself hoped to be saved; Nay to seek, and pro­mote it by such ways and means, as the Laws of God, and the Na­tion allow. That there had been at divers times, and on sundry oc­casions, endeavours used, and overtures made to obtain an Abro­gation, or at least a Mitigation of Severities against Catholicks: But this to be procured no otherwise then by Legal and Parliamentary means. That he himself went to Breda, whilst the King was there, and propounded 100000 l. in behalf of the Catholicks, to take off the penal Laws. That after the King came in, there was a Bill brought into the House, in favovr of Catholicks, but it was opposed by my Lord Chancellour Hide. That there had likewise been framed by the Lord Bristol and others, (in order to the proposing of them in Parlia­ment,) several forms of Oaths, contained in such terms as might fully express all Duty and Allegiance to the King; yet not entangle tender Consciences with Clauses and Provisoes, disagreeable to Faith, and no wise appertaining to Loyalty; but neither did this succeed. That afterwards he had offered some proposals, as well to the Lord Chan­cellour at his House at Kenfington, as to the Duke of York, concerning some lawful expedients, conducing to the good, (as he thought,) both of Catholicks and the whole Nation. And also about Dissolving the long Parliament; the substance of which he likewise communi­cated to my Lord Sbastsbury, who said, He doubted not, but that there would come great advantages to the King by it. These he avouched were the chief, and only Designs he ever had, or knew of amongst Catholicks, for promoting their Religion; Of more then these he pro­tested before Almighty God and their Lordships, he was wholly igno­rant.’ But this Declaration not being satisfactory towards the de­tecting any Damnable Conspiracy, the Lords thought sit without any further Examination to remand him back to the Tower.

On this occasion, there run about both Town and Countrey an uni­versal Rumor. That the Lord Stafford had now made a full and per­fect Discovery of the whole Plot; And that the Papists could not for the future have the Impudence to deny it, after the Confession (though to save his Life,) of so Honourable a Person; But this proved a mi­stake. And by the way it was very observable, My Lords Adversaries took this false Alarm with so much eagerness and joy, as sufficiently denoted, they were not well assured of the truth of the former Evi­dence given against him.

SECT. V. My Lord's Comportment and Exercise after Sentence.

THe greatest part of his time from his last Sentence to his final End, he employed in serious Recollection and fervent Prayer, wherein he seemed to receive a daily encrease, both of Courage and Comfort, as if the Divine Goodness (say the Papists) intended to ripen him for Martyrdom, and give him a taste of Heaven before-hand. Indeed he behaved himself in all things like a Man, whose Innocence had banished the Fear and horrour of Death.

Some few days before his Execution he received a Letter, which be­cause it is fouly suspected to have come from some Colledge or Semina­ry beyond Seas, I shall here set it down verbatim, to the end every one may see how the Priests treat their Penitents, in the condition and circumstances my Lord was in.

My Lord,

THE Character I bear, gives me some Title, And the singular esteem I have for your Noble and Truly virtuous Person and Fami­ly, gives me Confidence to present your Lordship, in this your last and Grand Affair, with a Consolatory or rather Congratulatory Letter. As I daily make my Supplication to God on your behalf; so I hope I may make my Addresses to you on Gods behalf. You are chosen by the King of Kings, to share with him in Immortal Crowns: You are called from an Abisse of misery to the top of Felicity: You now pay a debt on the score of Grace, which is due, and which you must shortly have paid to the course of Nature. And herein my Lord, you are adorned with all the Tro­phies of Jesus's Victory; He was Condemned of Luke 23. Matth. 26. High Treason by false Witnesses for the love of you: And you stand Condemned of the same Crimes, by the like Evidence for the love of him. Yet you shall not die my Lord: 'Tis a mistake of this blind World, you shall only pass from a state of Rom. 7. Death to a state of Life; True Life, Eternal Life; you shall be Transformed into him, whose Exod. 3. 14. essence is to live; Coll. 1. In whom, with whom, and by whom; you shall enjoy all that is Exod. 33. good; all that is lovely; alt that is pleasant: And this enjoyment shall be in all its ful­ness, altogether, all at once; without Interruption, without Bound, Limit, or End.

The Omnipotent Creator [...] of Heaven and Earth; The searcher of Hearts; The dreadful Judge of Men and Angels: He who justly might otherwise peradventure have cast you into Eternal Fire; From whose Sen­tence there is no Appeal. He, I say, will now be forgetful of past Frailties, regard you with a merciful Eye, with a pleasing Countenance, a loving heart, an open Arm, an endeared affection; Millions of Lawrels hang over your Head; Thousands of Millions of Glories and Sweets, attend you, which neither 1 Cor. 2 Eye hath seen, nor Ear hath heard, nor hath entered in­to the heart of man. The Virgin Mother shall meet and conduct you to [Page 55] her beloved Son; The Apostles, Martyrs, and Confessors, shall receive and accompany you; And all the blessed Quires of Saints and Angels shall Celebrate your victory, and Luke 15. Sing Halleluja's to their celestial King for his Inspeakable goodness to you.

My Lord, You were made for the enjoyment of God, and now you ar­rive at the accomplishment of that End; you owe to God all you have, and all you are; And now you restore to him all, both what you have, and what you are. O happy Restauration, where the advantage is wholly yours, where Misery is turned into Bliss, where Temporal into Eternal, where God is found, where Death ( as the Apostle saith) is Phil. 1. 21. Gain. The Innocence of your Cause, The Dignity of your Religion for which you Suffer, entitles you to the merits of the Cross, and Incorporates You to the Bloud and Passion of Jesus your Saviour. 2. Tim. 2. 12. If we shall be dead with him ( saith St. Paul,) we shall live together with him; If we suffer with him, we shall Reign with him. Hence our Saviour himself; He Luke 9. 24. that looseth his Life for me, shall save it. Again, If John 12. 26. any Man will serve me, let him follow me. And where I am, there shall my Servant be also. You are going to the Apoc. 19 Nuptials of the Lamb. God who is all good, is pleased to [...] John 3 2. Impart himself entirely to you. Love hath made him wholly yours; What need you fear? What can you desire? He that dyed for the love of you, will now reap the Fruits of his pains, and joy him­self in you, with delights proportionable to his own Goodness and Merits. You are Select from amongst Cant. 5. Thousands for the Espousals of Love; Let nothing either past or present deject you; nothing disturb you nothing retard you; John 14. 1. Let not your heart be troubled, ( saith our Saviour) nor let it be afraid.

As for the Crimes for which you stand Condemned, God and your own Conscience knows you are Innocent; All un-interested Men believe you so; Passion and prejudice against your Religion, hath advanced the credit of Perjured Persons, and influenced your Adversaries to carry on your Death. Had you been no Catholick, we all know, you had never been a Condem­ned Man; So that it is palpably manifest you Die for your Religion, and for your Religion wrongfully traduced. What greater comfort? What greater glory? What greater happiness, can arrive to a true Christian? Matth. 5. 11. Blessed shall you be ( saith our Saviour,) when Men shall revile you, and persecute you, and shall say all manner of evil against you Falsly for my sake; Rejoyce and be glad, for great is your reward in Heaven.

Concerning your real defects and frailties; Take courage; take confi­dence in God, my Lord; I have already told you, what right you have to the Passion of Christ; Your present Death, is more then a Pledge of future Pardon. Luke 7. 47. Many sins are forgiven her ( saith our Saviour to Magdalen,) because she loved much; to him that loveth less, less is forgiven. Now what it is to love much, he himself sheweth, saying, John 15. 13. No Man hath greater Love then this; That a Man lay down his Life for his Friend. Hence the Spouse in the Canticles. Cant. 8. 6. Love is strong as death, &c. And our Saviour in express terms assureth us. Mat. 10. 39. He that looseth his Life for me, shall find it.

First therefore, acknowledge your faults, with a Penitent Heart, and firmly believe what the Scripture avoucheth. 1 John 1. 9. If we confess our Sins, he is faithful and just, to forgive us our Sins, and cleanse us from all Iniquity. Next offer with a chearful Heart your Life to God; In satisfacti­on [Page 56] for your offences; In union of the Sufferings of Jesus Christ; In a Sacri­fice of Love. And then doubt not in the least but that Dying, as you do, in, and for the Profession of your Faith; Jesus hath signed your Pardon, and pronounced upon your Soul, those Life giving words. Thy Sins are forgiven thee, Lu. 7. 48. &c. 50 Thy Faith hath saved thee; Go in Peace.

Neither let any endearments towards your Wife, Children, Friends or Family enfeeble your mind, check your Love, or imbitter your Joy. Re­member that Sentence of our Saviour. Mat. 10. 37. He that loveth Son or Daugh­ter above me, is not worthy of me. Again, Cap. 19. 29. Every one that hath forsaken Houses, or Brethren, or Sisters, or Wife, or Children, or Lands, for my Names sake, shall receive an hundred fold, and possess eternal Life; You cannot give God too much; You can bestow nothing on him, but what you have received of him; and what, upon many accounts, is infinitly due to him. But in reality, my Lord, you do not desert your Friends, nor they you, by rendring your self and them to God, suffering for Jesus; He it is standeth Charged with the care of your Wife, Children, and Family; He stileth himself, Psal. 63. 5. The Father of Orphans, and Judge of Wid­dows. As he Exod. 20. 5. punisheth to the fourth Generation of them that hate him; So he blesseth, unto thousands of them that love and follow him. Assure your self, my Lord, That for this one Heroick Act, of giving your life Mat. [...] 10. for Justice, for Innocence, for God, and Religion; you will not only secure to your self everlasting Salvation, but draw upon all your Family and Posterity thousands of Benedictions. The Justice of our Lord ( saith David, Psal. 103. 1 [...] upon the Childrens Children, of them that keep his Cove­nant. Again, Psal. 112. 1. Blessed is the Man that feareth the Lord, that de­lighteth in his Precepts, his Seed shall be powerful on Earth; the ge­neration of the just shall be Blessed. Lastly, that Sentence of Ecclesiastes will fittly appertain to you; Eccle. [...]9. His memory shall not pass away, and his name shall be preserved from Generation to Generation. Nations shall declare his Wisdom, and the Church shew forth his Praise.

I shall not undertake to dictate unto your Lordship, what Prayers or Elevations of heart, are most proper on this occasion; The Holy Ghost, whose Spouse, whose Son, whose Temple, whose Victim you are, will in­spire you with better thoughts then I can suggest; I shall therefore here con­tent my self with some few Citations of sacred Texts, out of which you may upon occasion draw the comfort of Devotion. Psal. 27. 12. Evil Witnesses have risen up against me; and iniquity hath belyed it self; I believe to see the goods of our Lord in the Land of the Living. John 11. 25. I am the Resur­rection and the Life; He that believeth in me, shall not dye for ever. Jsa. 43. 1. Fear not, for I have redeemed thee; I have called thee by thy name, thou art mine. [...] Do not fear, for I am with thee, do not de­cline, for my right hand hath sustained thee. Psal 91. 14. Because he hath trusted in me, I will deliver him; I will protect him, because he hath known my name; He shall cry unto me, and I will hear him; I am with him in Tribulation, I will deliver him, and will glorisie him, with length of days will I replenish him, and will shew him my Salvation. [...] In perpetual charity have I loved thee; therefore I have drawn thee to me, taking Compassion on thee. Psal 77. 26. My heart and my flesh hath fainted. O God of my heart, my inheritance, God for ever. John 16. 20 The World shall rejoyce, and you shall be sorrowful; But your sorrow shall be turned into Joy, and your Joy none shall take from you. Verse 33 Be confident, I have overcome the World. Psal. 27. 9. Be thou my helper, do [Page 57] not forsake me, neither despise me, O God my Saviour. Psal. 31. [...] In thee O Lord have I trusted, let me not be confounded. John. 14. 19. I live and you shall live; You shall know that I am in my Father, and you in me, and I in you, Rom. 8. 38. Certain I am, that neither Death nor Life, &c. can sepe­rate us from the Love of God which is in Christ Jesus our Lord. Rom 14. 8. Whether we Live or Die, we are our Lords. Phil. 1. 21. To me, to Live is Christ, and to Die is gaine. Verse 23. I desire to be Dissolved, and to be with Christ. Psal. 30. 5. Into thy hands O Lord I commend my Spirit. Mat. 25. 34. Come ye blessed of my Father, possess the Kingdom prepared for you. Luke 23. 43 This day shalt thou be with me in Paradise.

The God of hope fill you with all Joy, Rom. 15, 13. and Peace in believing, that you may abound in hope and vertue of the Holy Ghost.

Your Lordships most devoted Servant in our Lord. N. N.

THose hours he spared from Prayer or necessary repose, he be­stowed part in the entertainment of his Friends (though indeed none were permitted to come at him, but under severe Provisoes and Restrictions) amongst whom he demeaned himself with exceeding Sweetness, Candor and Alacrity of Spirit, Connatural to him always; but more especially after he had an assurance of his Death; Insomuch that he could not endure to see any in grief of dejection on his account. For this reason his sad and disconsolate Lady (who alone touched his heart, and who could no longer support the weight of her affliction,) was forced entirely to absent her self, from him the day before his Passage out of this World.

Some moments likewise he allowed to give his last Adieu by Letters to his nearest Relations; particularly to his aforesaid most Dear Lady, whose incomparable vertue, and above forty years experienced constant affection to him, had taken a deep impression in his Soul; But because the Letters themselves express his mind and disposition better then I can describe it: Read here these few Copies, which good for­tune brought authentick to my hands.

To my most Dear and Kind Wife.

My Dear and most Kind Wife.

GOD of his Mercy and Goodness, The first Letter to his Lady. I mest humbly beseech him to re­ward you for your extraordinary Kindness and Love to me; I am sure, no Man ever had a better Wife in all kinds, then you have been unto me; I am most heartily sorry, that I have not been able to shew how happy I have held my self, in the great blessing which God was pleased to afford me in having you, not only for the great Family to which you are the undoubted Heir; and Estate you brought me and mine; but for the great Love you have always born me. I sincerely ask you Pardon with all my heart, for all that I have done to give you any dislike; I know you will forgive me out of your kindness and affection, you have so often shewn unto me more then I deserved; If I should repeat all the kindness and af­fection you have shewn unto me, and of all which I am most sensible, I should not know when to end: God reward you. You were present this day when [Page 58] Mr. Lievtenent brought me word of the day of my Death, I know the trouble it brought unto you. I do most willingly submit my self to Gods Holy will, and since he know how Innocent I am, and how Falsly I am Sworn a­gainst, I am most confident, that the most Blessed Trinity will, through the Merits and Passion of our Saviour Jesus Christ, grant me a place in Heaven of happiness, to glorify God to all Eternity amongst his Angels and Saints; the lowest place in Heaven being an happiness above all the Kingdoms of the Earth. I give God most humble thanks, that I am ab­solutely quiet within my self from being guilty even so much as in a thought, of that Treason I am accused of, and never had a thought of any thing against the Person or Government of his Majesty. And what I did towards the introducing of the Catholick Religion, was no way but that which I thought to be for the good of the Kingdom by Act of Parliament. I do ask of the Eternal and Merciful God, most humbe Pardon for all my great Sins, hoping in the mercy of Christ Jesus, through his most sacred Passion, to obtain remission of my Sins, and Life ever­lasting in Heaven. God protect and keep you, and ours, in his holy grace. My dear I beseech you, by the love you always bore me, afflict your self as little as you can, for the unexpected, yet I doubt not, but blessed end of

Yours, &c.

To my dear and entirely loving and beloved Wife.

My most dear and loving Wife,

IT hath pleased God of his infinite mercy, The second Letter to his Lady. to bring me into the con­dition I am in; I take it for a mercy much greater then I could de­serve or expect. I am heartily sorry, That I have not been so sensible of the blessing God was pleased to bestow on me, by giving you unto me, as I should have been; for I do from my heart acknowledge, that you have been a most kind loving Wife, as any man could have; and I was not worthy of you: I pray forgive me of any and all things that I have ever done to displease you. I have not now many hours to live, God send me to make a good end; I humbly thank him, I have a great confidence in his mercy; And I do hope through the merits and Passion of Jesus Christ our Saviour, to obtain everlasting happiness. I beseech God to reward you, and bless you, and send you all happiness. I beseech you by the love you have always born me, to bear this my end as well as possibly you can: And put my Innocence into the ballance of my Death. I pray God to bless all our Children, who I hope will be obedient to you. I must not forget the Pains and Care, that my Daughter Winchester hath taken, in an extra­ordinary kind, and discreet way; I must likewise own, how groundless that report was, that hath been Spread abroad, That you, and shee, by your entreaty and perswasions, have kept me from Discovering my knowledge of the Plot so much spoken of; when God knows I know nothing to Disco­ver, and shall as totally Die Innocent, as any Man ever did, not having in the least ever had a Disloyal heart to his Majesty. God Preserve you, and ours, and send us an happy meeting in Heaven, which is the hearty Prayer of him that Forty Years had the Honour to bear Your name, and now is returned unto the name of

St. Stephen's day, 1680.
My dear Mistress,
Your most affectionate loving Husband, William Howard.
Dear Harry,

GOD of his Mercy, Another to his Son Henry now Lord Stafford. I am confident hath brought me hither to let me see how vain all worldly things are, and how we deceive our selves, when we think of any thing, but how with Devotion we may duly serve him; I hope by the mercy of God to obtain everlasting Salvation; The All-know­ing God sees how Innocent I am, from the Crimes I am charged with: it is a comfort unto me, that none of my Estate will in any way be Forfeited, but all comes unto you, as if I had Died a natural Death. I beseech God to Bless you, and make you happy in this World, and the World to come; and the only way to be so, is never to leave truly serving God upon no ac­count whatsoever. I know you will carry your self with that duty to your Mother, and love and kindness to your Brothers, as is sit for you to do; So again beseeching God to Protect you and Govern you in Righteousness, I am

Your most loving Father, William Howard.
Good Child,

THE Condition I am in is such, For my Son John. as I doubt not but that God hath brought me into it for the good of my Soul, his holy name be praised for it; I willingly and chearfully submit unto it. I beseech God to bless you, and send you eternal Happiness, which is the Peayer of

Your Affectionate Father William Howard.
Good Daughter,

I Know you will beare what happens unto me with Patience and Resigna­tion: For my Daugh­ter Vrsula. I thank God that I know my self in every kind Innocent; and that I have confidence in Gods Mercies, and doubt not but through the Mercy and Passion of our Saviour, to obtain everlasting happiness. I Pray God bless You. I am

Your affectionate Father, William Howard.
My good Child,

THis is the last time I shall Write unto you, I pray God bless you. Your poor Old Father hath this comfort, For my Daugh­ter Delphina. that he is totally Innocent of what he was accused of, and confident of Gods Mercy; and through the Merits of our Saviour, I hope for Salvation, I take great content in my Innocency, and willingly resign my self to Gods Holy will. I am very much trovbled to leave my Wife, who hath been so extraordinary a good and kind Wife unto me, more then I could deserve: God reward her. So with my blessing unto you, I am

Your most loving Father, William Howard.

HE writ also upon occasion, several little Papers or Notes, where­of I have only these two or three Copies.

✚ 1680.

IN the Name of the Father and of the Son, and of the Holy Ghost. Upon Tuesday the 30 th. of November the Feast of St. Andrew, I was brought to my Tryal in Westminster-Hall before the Peers, Lord Chancellor being High Steward; my Tryal continued until that day, seaven-night the 7 th. of December; upon that day I was found Guilty of High Treason and condemned to die. I give God thanks for his great mercy and goodness that he hath been pleased to think me wor­thy of this Sentence, in satisfaction for my other great and hainous of­fences which I have committed; And I hope that through the glo­rious passion of our Savour Christ Jesus, and through his pretious bloud and merits, he will be mercifully pleased to receive my Soul into eternal Happiness, in his presence amongst his Angels and Saints. I conceive this Sentence is fallen upon me upon the account of the Religion that I am of; If I had numbers of lives, I would lose them all, rather then forsake that Church, that I am of; and which I am well assured that it maintains nothing but what is well warranted by the word of God. I do with my whole heart forgive those Perjured men that swore so falsly against me; I wish them no greater punishment then to re­pent, and to acknowledge the wrong they have done me; I do also heartily forgive my Judges; and if any of them have given their Votes contrary to their Consciences, God for forgive them, I do it willingly.

HOw extremly should I think my self bound to the King if in this Condition that I am brought into by the Perjury of Villains that swore falsly for gain, Another Note. His Majesty should be graciously pleased to grant me my life; But how infinitely beyond that hath His Divine Majesty shewed his mercy and goodness to me, so many times pardo­ning those great, and many offences, which the least of them deserved an Fternal punishment. And of his infinite mercy hath been pleased to preserve me thus long from his just Judgments; And hath brought me hither first a Prisoner, when I had not done any thing in the least by the Law to deserve it; and now hath pleased to bring me to my Condemnation: How inexplicable are his Mercies unto me; And if I do not cordially and really repent, having this great time to recollect my self, nothing can excuse me. Nay even at this time when I am hourly looking to hear of the hour of my Execution, I have time by his Omnipotent mercy to lay my Heart prostrate on the ground, to beg his Pardon, and acknowledg his infinite mercy and goodness; God grant me grace to reflect as I ought on all these assurances, and as I ought to do, love his Divinity and nothing created indepen­dently of him; Nothing in this World but the Holy Trinity deser­ving the whole love and Adoration of Mankind. God give me grace to love him, and only him; And though I cannot do it so well as otherwise I ought, yet I hope I do it what I can; And do firmly re­solve by his holy Grace I will to the uttermost of my power, so long as it shall please him to give me my life, wholly and willingly to re­sign my self to his Holy will; and doubt not by his Grace but to find more true delight in serving him, then ever I did in the vanities of the World. All Glory Praise and Honour be given unto him for all Eterni­ [...]. Amen.

[Page 61] THere was likewise found in his Chamber, this following Prayer or Resignation. Thou hast said O Lord, he that loves Father or Mo­ther, &c. more then me is not worthy of me. I acknowledge most dear Lord, that I love my Wife and Children, as much as a loving Husband and ten­der Father can love a most deserving Wife, and most dutiful Children: but to shew that I love thy Divine Majesty more than them, and my own Life to boot; I willingly render up, and forsake both for the love of thee; and rather then to offend thee, though by the contrary I may have life and all worldly advantages both for my self and them. Receive therefore Dear Jesus, this voluntary Oblation of both. Take us into thy protection. O Helper in opportunities, in Tribulation. Be thou a Judge and Spouse to the Widdow; a Father to the Orphans, and Salvation to all our Souls. Psal. 9 9. I rejoyce to have so dear a Pledge to Offer and present thee, for all thy blessings, and benefits bestowed upon Us; and for thy sake, who offeredst thy self for us to Death, to the most ignominious Death of the Cross. Receive therefore Sweet Jesus, this poor Oblation of mine (though all I am able to offer thee) in union of all the Oblations of thy most Sacred Life, Death and Passion, and of all those Divine Oblations, which have been, are, and ever shall be offered upon thine Altars, All which I Offer thee, and by thy hands to thy eternal Father. O Father, look upon the face of thy Christ, and turn away thy face from my Sins, O Holy Mary Mother of God; all ye Holy Angels and Saints in Heaven make Intercession for me, Psal. 84. [...]. Ps;al. 51. 10. that what I deserve not of my self, may by your Intercession be bestowed upon me. Amen, Jesu. Amen. Grant and ratisie what I ask, for thy Names sake, Amen.

On Sunday the 19 th. of December Mr Lieutenant of the Tower, came to him, and told him, He was sorry, he must bring him the ill news that he must dye on the 29 th. of this Month. To which dismal Message he undauntedly replyed, I must obey; Then added in Latine that Text of the Psalm Haec dies, &c. This is the day which our Lord hath made, let us rejoyce and be glad in it; After which turning himself to his almost dead-struck Lady, Psal. 181. 2. he said, Let us go to our Prayers.

UPon this occasion also he writ a little Schedule containing these words; In the name of the Father, and of the Son, and of the Holy Ghost. Another Note. This day Mr. Lieutenant came and told me, I must dye. God's Holy name be praised; and I prostrate beseech him, to have mercy on my sinful Soul; And deal with me, as his Omnipotence knows I am Innocent, of what was falsly sworn against me; I do not doubt of Salvation through the Passion of our most blessed Saviour.

IT was truly a matter of wonder and astonishment to those who lived and were conversant with him during this short remnant of his life, to see with what Constancy and equal temper of mind he comported himself. What interior Quiet, and serenity he seem,d to injoy: What confi­dence he expressed in God; What Charity to all, even to the worst of his Enemies. Death hath usually an aspect formidable to nature, espe­cially when Treason and Murder slie in the face of a guilty Conscience. A man who hath warning and leisure deliberately to consider, he is now [Page 62] upon the point of being just dragged out of this mortal State, before the dreadful Tribunal of a severe Judge, who knows the Secrets of his Heart; there to receive an Eternal Doom of Hell and Damnation for crimes detested by God and Nature. This man surely can never die, without such Conflicts of horrour and despair as will almost pre­vent the hand of the Executioner; yet there appeared in my Lord no other symptoms, then those of a most pleasing Tranquility, as if Inno­cence had Guarded him; As if the Injustice of others had secured him; As if the Holy Ghost had fortified him. As if Christ Jesus had united him to his Sufferings, and undertaken his conduct and defence.

THat very morning he was to dye, he writ a Letter to his Lady which afterwards he delivered on the Scaffold to a Friend there present, the contents whereof are these.

My Dear Wife,

I Have, I give God humble thanks, slept this night some hours very quietly I would not dress me until I had by this given you thanks for all your great Love and Kindness unto me, I am very sorry, that I have not deserved it from you; God reward you; Were I to live numbers of years, I assure you I would never omit any occasion to let you know the Love I bear you; I cannot say what I would, nor how well and many ways you have deserved. God of His most infinite mercy send us an happy meeting in Heaven. My last request unto you is, that you will bear my Death as well as you can, for my sake. I have now no more to do but as well as I can (though not so well as I would.) to recommend my sinful Soul unto the mercy of the Holy Trinity who through the Passion, Bloud and Merits of our Savour, I hope will mercifully grant me a place, (though the lowest,) in Heaven, God grant it; And bless you and Ours.

St. Thomas of Canterbury's day 1680, past six in the Morning.
Your truly loving Husband William Howard

The Manner and Circumstances of my Lord's Final End.

WHen the hour appointed for his Death, drew near, he exspe­cted with some impatience the arrival of Mr. Lieutenant, tel­ling his Friends that were about him, he ought not to hasten his own death, yet he thought the time long till they came for him. A Gentle­man then with him in his Chamber put him in mind, that it was a cold day, and that his Lordship would do well to put on a Cloak or Coat to keep him warm; He answered; He would; for (said he) I may perhaps shake for cold, but I trust in God, never for fear. After some time spent in Spiritual discourses, at length about Ten a Clock, word was brought him, That Mr. Lieutenant waited for him below; upon which he sweetly saluted his Friends, bidding them not grieve for him; for this was the happiest day of all his Life; then he imme­diately went down, and walked along by the Lieutenants Chair (who had the Gout) through a lane of Soldiers to the Barrs without the Tower. There the Lieutenant delievered him to the Sheriffs, and they from thence Guarded him to the Scaffold erected on Tower-Hill. All [Page 63] the way as he passed, several thousands of People crowded to see him; many civilly saluted him; and few there were, amongst that vast number, whose hearts were not touched and mollified with Compassion for him. Having mounted the Scaffold there appeared in his Coun­tenance such an unusual vivacity, such a ( Chearfulness, such a Confidence, such a Candor, as if the Innocence of his Soul had shined through his Body. Nothing of that Mortal paleness, Nothing of those Reluctances, Convulsions, and Agonies, incident to persons in his condition, could in the least be perceived in him. He looked Death in the face with so undaunted a Resolution, as gave many occasion to say; Grace had left in him, no Resentments of Nature. After a short pause, viewing the People, and finding them attentive to what he should say, he stept to one side of the Scaffold, and with a Graceful Air, and intelligible Voice pronounced his last Speech as followeth.

My Lord's last Speech.

BY the permission of Almighty God, I am this day brought hither to Suffer Death, as if I were Guilty of High Treason. I do most truly in the presence of the Eternal, Omnipotent, and All-knowing God, protest upon my Salvation, that I am as Innocent as it is possible for any Man to be, so much as in a thought, of the Crimes laid to my Charge.

I acknowledge it to be a particular. Grace and Favour of the Holy Trinity, to have given me this Long time to prepare my self for Eter­nity, I have not made so good use of that Grace as I ought to have done; partly by my not having so well recollected my self, as I might have done; and partly because not only my Friends, but my Wife and Children, have for several days been forbidden to see me, but in the presence of one of my Warders. This hath been a great trouble and distraction unto me, but I hope God of his Infinite Mercy will Pardon my Defects, and accept of my good Intentions.

Since my long Imprisonment I have considered often what could the Original Cause of my being thus Accused, since I knew my self not Culpable, so much as in a thought; and I cannot believe it to be upon any other account then my being of the Church of Rome. I have no reason to be ashamed of my Religion, for it Teacheth nothing but the Right Worship of God, Obedience to the King, and due Subordination to the Temporal Laws of the Kingdom. And I do submit to all Articles of Faith believed and taught in the Catholick Church, believing them to be most consonant to the Word of God. And whereas it hath so much and often been objected, That the Church holds that Sovereign Princes, Excommunicated by the Pope, way by their Subjects be Deposed or Murthered: As to the Murther of Princes, I have been taught as a Matter of Faith in the Catholick Church, That such Doctrine is Diabo­lical, Horrid, Detestable, and contrary to the Law of God, Nature, and Nations: And as such from my heart I Renounce and abominate it. As for the Doctrine of Deposing Princes, I know some Divines of the Catholick Church hold it, but as able and Learned as they have Written against it: But it was not pretended to be the Doctrine of the Church, that is, any Point of Catholick Faith: Wherefore I do here in my Conscience declare, that it is my true and real Judgement, That the [Page 64] same Doctrine of Deposing Kings, is contrary to the Fundamental Laws of this Kingdom, Injurious to Sovereign Power, and consequently would be in me or any other of His Majesties Subjects, Impious and Damnable. I believe and profess, That there is One God, One Sa­viour, One Holy Catholick Church, of which through the Mercy, Grace, and Goodness of God, I die a member.

To my great and unspeakable grief, I have offended God in many things, by many great Offences, but I give him most humble thanks, not in any of those Crimes of which I was Accused.

All the Members of either House having liberty to propose in the House what they think fit for the good of the Kingdom, accordingly I proposed what I thought fit, the House is Judge of the fitness or unfit­ness of it; and I think I never said any thing that was unsitting there, or contrary to the Law and Ʋse of Parliament: for certainly if I had, the Lords would, (as they might,) have punished me: so I am not culpable before God or Man.

It is much reported of Indulgences, Dispensations, and Pardons, to Murther, Rebel, Lie, Forswear, and Commit such other Crimes held and given in the Church; I do here profess in the presence of God, I never Learned, Believed, or Practised any such thing, but the con­trary; And I speak this without any Equivocation, or Reservation whatsoever: And certainly were I guilty, either my self, or knew of any one that were Guilty, whosoever, that were so, of any of those Crimes of which I am accused, I were not only the greatest Fool imagi­nable, but a perfect Mad-man, and as wicked as any of those, that so falsly have accused me; If I should not discover any ill Design I knew in any kind, and so upon Discovery save my Life; I have so often had so fair occasions proposed unto me; And so am guilty of Self-Murther, which is a most grievous and hainous Sin; and though I was last Impeached at the Lords Bar, yet I have great grounds to believe, that I was first brought to Tryal, on the belief, that to save my Life, I would make some great Discovery; And truly so I would, had I known any such thing of any ill Design or Illegal Dangerous Plot, either of my self or any other Person whatsoever, without any Ex­ception. But had I a thousand Lives, I would lose them all, rather then Falsly accuse, either my self or any other whatsoever. And if I had known of any Treason, and should thus deny it, as I do now upon my Salvation, at this time, I should have no hope of Salvation, which now I have through the Merits of Christ Jesus.

I do beseech God to bless His Majestly, who is my Lawful King and Sovereign, whom I was always by all Laws Humane and Divine, bound to Obey, and I am sure that no Power upon Earth, either singly or all together, can legally allow me, or any body else, to lift up a Hand a­gainst him, or his Legal Authority. I do hold that the Constitution of the Government of this Kingdom, is the only way to continue peace and quietness; which God long continue.

Next to Treason, I hold Murther in Abhorrence, and have ever done, and do; And I do sincerely profess, that if I could at this time free my self Immediatly, and Establish what Religion I would, and what Govern­ment I would, and make my self as great as I could wish, and all by the death of one of these Fellows, that by their Perjuries have brought me to the place where I am, I so much abhor to be the cause of any [Page 65] Mans death, that I would not any way be the cause of their Murther; how much less would I endeavour the Assassination of his Majesty, whom I hold to be a Gracious a King as ever this or any other Nation had; And under whom the People may enjoy their Liberties, as much as ever any did; And if it please God to grant him Life and Happiness, according as I have always Wished and Prayed for, I am morally per­swaded, that he, and all his Dominions, will be as happy and prosperous as ever People were; Which I beseech God grant.

I do most humbly ask Pardon of the Almighty and All-merciful God, for all the great Offences I have committed against his Divine Majesty, and I know he would not have the Death and Confusion of a Sinner, but that he may Repent and Live: In that assurance I hope, knowing he never despiseth a Contrite Heart; And though I have not so feeling a Contrition as I would, yet I have it as well as I can; and I doubt not but that God will accept of the Good Will.

I do desire that all People will forgive me any Injury that I have done them in any thing, either Wilfully or by Chance, and I do hear­tily forgive all People in this World that have Injured me; I forgive even those Perjured Men, that so Falsly have brought me hither by their Perjuries.

I do now upon my Death and Salvation aver, That I never spoke one Word either to Oates or Turbervil, or to my knowledge ever saw them, until my Tryal: And for Dugdale I never spoke unto him of any thing but about a Foot-boy, or Foot-man, or Foot-race; and never was then alone with him: All the Punishment that I wish them, is, that they may repent and acknowledge the Wrong that they have done me; then it will appear how Innocent I am: God forgive them! I have a great Confidence that it will please Almighty God, and that he will in a short time bring Truth to Light; then You and all the World will see and know what injury they have done me.

I hope that I have made it appear, that I have some Conscience; for if I had none, certainly I would have saved my Life by acknowledg­ing my self Guilty; which I could have done, though I know I am not in the least Guilty. And I having some Conscience, make very ill use of it; for I throw my self into Eternal Pain, by thus plainly and constantly denying thus at my Death, the knowledge of what I am accused of in the least.

I have said thus much in discharge of my Conscience, and do aver upon my Salvation, what I have said to be really true.

I shall say little of my Tryal; and whether it were all according to the known Law, I am too much a Party to say much of it; if it were not so, God forgive him or them that were the cause of it.

My Judges were all Persons of Honour, who were all as much bound to Judge rightly, as if they had been upon Oath upon what was legally proved; And not to Vote but according as in their Consciences they were satisfied; And if any of them did otherwise, upon any account whatsoever, I beseech God forgive them; I do heartily.

I shall end with my hearty Prayers for the happiness of his Majesty, that he may enjoy all happiness in this World, and the World to come; and govern his People according to the Laws of God, and that the People may be sensible what a Blessing God hath so miraculously given [Page 52] them, and obey him as they ought. I ask Pardon with a prostrate Heart of Almighty God, for all the great Offences that I have commit­ted against his Divine Majesty, and hope through the Merits and Passion of Christ Jesus, to obtain everlasting Happiness, into whose hands I commit my Spirit, asking Pardon of every Person that I have done any wrong unto: I do freely forgive all that have any ways wronged me; I do with all the Devotion and Repentance that I can, humbly invoke the mercy of our Blessed Saviour.

I beseech God not to Revenge my Innocent Bloud upon the Nation, or on those that were the Cause of it, with my last Breath. I do with my last Breath truly assert my Innocency, and hope the Omnipotent All-seeing Just God will deal with me accordingly.

HIS Speech being ended, he delivered several Written Copies of it to the Sheriffs and others near him, (one of which, Writ with his own hand, he sent to the King,) Then he returned to the middle of the Scaffold, where, encompassed by his Catholick Friends; He kneeled down, and reverently making the Sign of the Cross, pronounced aloud, with exceeding Devotion, this following Prayer.

AGnosco (Domine Jesu) peccata mea, multa & magna, pro quibus timeo; sed spero in misericordiâ & miserationibus tuis, quarum non est numerus: Secundum igitur magnam miseri­cordiam tuam miserere mei, & secundum multitudinem mi­serationum tuarum dele iniquitatem meam. Si Peccata mea magnasunt, major est misericordia tua: Si multae, infinitae sunt miserationes tuae: Si ego commisi, unde me possis condemnare, Tu non amisisti, unde potes, & soles salvare. Credenti in potentiâ tuâ & dicenti, Domine si vis, potes me mundare, tu statim respondisti: Volo; mundare: Credo, quod ipse credidit; Spero quod ipse speravit; Imploro quod ipse imploravit. Dic igi­tur animae meae, Salus tua ego sum: Sana me, Domine Jesu, & sanabor: Salvum me fac, & salvus ero, & misericordias tuas in aeternum cantabo. Ne projicias me igitur à faciê tuâ, & Spiritum sanctum tuum ne auferas à me: Sed redde mihi laetitiam Salutaris tui, & Spiritu principali con­sirma me. Tu dixisti, dulcissime Jesu, Convertimini ad me, & ego convertar ad vos: Ego me, ex toto corde meo, ex totâ animâ, ex totâ mente meâ, converto ad te; Converte te igitur misericordissime, ad in­dignum famulum tuum quem pretioso sanguine redemisti. Tu dixisti, Omnis qui confitebitur me, coram hominibus consitebor, & ego eum coram Patre meo, qui in coelis est. Ego te, & Sanctam tuam Religio­nem Catholicam vivens confiteor, & moriens, adjuvante gratiâ tuâ, con­fitebor: dignare me igitur suscipere, & ponfiteri coram patre tuo, qui in Coelis est. In thâ promissione, non in meâ justitiâ confido. Vitam quam de­disti mihi, libenter tibi reddo secundum beneplacitum tuum: In manus tuas commendo Spiritum meum, qui moriens Spiritum tuum in aeterni Pa­tris manus commendasti. In pace igitur, in id ipsum dormiam & re­quiescam, quoniam tu Domine, singulariter in spe constituisti me. Amen, Jesu, Amen.

[Page 67]Englished thus.

‘I acknowledge (O Lord Jesus) my Sins to be many, and great, for which I am affraid; but I hope in thy mercy, and commiserations which are without number. Have mercy therefore on me according to thy great mercy, and according to the multitude of thy tender mercies, blot out mine iniquity. If my Sins be great, thy mercy is greater; If many, thy Commiserations are infinite. If I have committed that, for which thou mayest Condemn me, thou hast not lost that, by which thou canst, and art accustomed to Save. To him, that believed in thy Power, and said, O Lord, If thou wilt, thou caust make me clean; Thou presently answeredst, I will; Be thou clean: I believe, what he believed, I hope, for what he hoped, I Implored what he Implored. Say therefore to my Soul, I am thy Salvation: Heal Me, O Lord Jesus, and I shall be healed; Save Me, and I shall be saved, and I will sing forth thy mercy for all eternity. Cast me not therefore away from thy Face, and take not thy Holy Spirit from me; But render me the joy of thy Salvation, and with thy Principal Spirit Confirm me. Thou hast said, O most Sweet Jesus, Turn to Me, and I will turn to You: I turn my self to Thee with my whole Heart, with my whole Soul, with my whole Mind; Turn thy self therefore (O most Merciful) unto me, thy unworthy Servant, whom thou hast redeemed with thy most Precious Bloud. Thou hast said, Every one who shall confess me before Men, Mat. 10 3 [...] I will confess him before my Father which is in Heaven. I, Living Confess thee, and thy Holy Catholick Religion, and through the assistance of thy Holy Grace will confess thee Dying: Vouchsafe therefore to Receive and Confess me before thy Father which is in Heaven. I confide in thy Promise, not in my own Justice; The Life, thou hast given me, I wil­lingly render thee according to thy good pleasure. Luke 23. Into thy Hands I commend my Spirit, who Dying didst commend thy Spirit into the Hands of thy Eternal Father. In peace therefore, in that one thing, Psal. 4. will I Sleep and Rest; because thou, O Lord, hast singularly Established me in hope. Amen, JESUS, Amen.’

TO this Prayer he adjoyned several other Pious Ejaculations, wherein with singular Compunction, and aboundance of Tears; he Implored the Divine Mercy and Pardon for his Sins past; He re­commended his Soul to his dear Redeemer Jesus; He blessed his Holy Name; And offered his Life to him, a willing Sacrifice of Gratitude, Piety, and Love.

Remaining still on his knees, he again protested his Innocence with all the asseverations a dying Christian is capable to make. Then rising up, he a second time saluted the people and walking to each side of the Scaffold, ‘Told them, they had as good and gracious a King as ever Reigned. He earnestly exhorted them to be faithful and constant in their Allegiance to him. And that no pretence whatsoever should withdraw them from their Duty. He wished with a feeling resent­ment that none might be less Loyal to His Majesty then he had been.’ And it was very remarkable in him; He never seemed transported with any fervours, or Extasies, but either in his Prayers to God, or in his expressions of Loyalty to the King; Then indeed he was all Flame, [Page 68] and you might read in his very Eyes, the tender Emotions, and Zeal of his heart. He likewise assured them upon his Salvation, he knew no design the Duke of York ever had against the King, But that he had behaved himself for ought he knew, as a loving Loyal Brother ought to do; Then he again declared his own Innocence, and desired the Prayers of all good Christians for him; He Prayed to God heartily to bless the King, and preserve him from his Enemies; To bless the Na­tion; To bless, and be with them all there present, especially the King's Loyal Subjects; He begged Gods Mercy and Pardon for his Sins; He asked forgiveness of all, and forgave all; beseeching the Divine good­ness not to Revenge his Innocent Bloud upon the whole Kingdom; No, not upon those by whose Perjuries he was brought thither▪ to whom he wished from his Heart no other hurt, then that they should repent, and tell truth.

Whilest he thus professed his Loyaity, his Innocence, his Piety; Most that heard him were touched with a sensible Compassion for him: Some, as he Spoke, put off their Hats, and Bowed to him, in sign they Accorded to what he said; Others by distinct Acclamations an­swered, We believe you my Lord; God bless you my Lord: Pray God forgive him his Sins, &c.

In this conjuncture a Protestant Minister accosted him, saying, Have you received no Indulgences from the Romish Church? Have you received no Absolution? To which my Lord answered, What have you to do with my Religion? However I do say, the Roman Catholick Church allow's of no Indulgences or Dispensations, Authorizing Treason, Murder, Lying, or Forswearing; Nor have I received any Absolution for such ends. Pray do not trouble your self, nor me.

Then turning from the Parson, he applyed himself to his Friends a­bout him, whom he lovingly embraced, and with a pleasant Voice and Aspect, bid them Adieu, for this World. Next he delivered his Watch, two Rings off his Fingers, his Staff, and his Crucifix about his Neck, as Legacies to several Friends: He desired the Sheriffs that such Persons as he nominated might have leave (without the Execu­tioners Intermeddling) to assist him, and take care of his Body, which was accordingly done: And his Gentleman stripping him of his Coat and Peruke, put on his head a Silk Cap, and accommodated his hair, Shirt, and Waistcoat, for the Execution. And now being ready for Death both in Body and Mind, he chearfully submitted himself to the Block; before which first kneeling down, and making the Sign of the Cross, he recommended himself with raptures of Devotion to the Di­vine Mercy and Goodness; After this, he lay down as it were to try the Block. And then (who could imagine it?) with a Stupendious Courage, embraced the fatal Wood, as the dear Basis, or Point, from whence his Soul was now to take its flight to Immortal Glory. The Heads-man put him in mind, that his Shirt and Waistcoat came too high; Whereupon he raised himself up upon his Knees, and bid his Gentle­man put them lower. Whilst this was Performing, he was heard con­tinually to breath forth several Acts of Prayer, as Sweet Jesus receive my Soul; Into thy hands O Lord I commend my Spirit, &c. When his Gentleman had finished; He again laid down his head upon the Block, persevering still in Prayer, and expecting the suddain and dismal arrest of Death, with a courage (say the Papists) Divinely Elevated, a [Page 69] constancy more then humane. No change in his Countenance; no Quaking, or Trembling in any one Joynt of his Body, could be dis­cerned. Thus he lay, or rather quietly rested, upon the very Brink, between Time and Eternity, a good space; Till at length finding the Head's-Man delayed the Execution of his Office; He once more raised himself up upon his Knees, and with an aspect, grave, (but still serene and Lively,) asked, Why they staid? It was answered, For a Sign; What Sign will you give Sir? He replyed, None at all; Take your own time; God's will be done; I am ready. The Head's-Man said, I hope you forgive me; He answered, I do. Then Blessing himself again with the Sign of the Cross, he reposed his Head upon the Block, never more to lift it up, in this Mortal State.

The Heads'-Man took the Ax in his hand, and after a short pause; Elevated it on high, as it were to take Aim, and set it down again. A second time he did so, and Sighed. The third time he gave the Fatal Blow, which severed my Lord's Head from his Body, save only a small part of the Skin and Wind-pipe, which was immediatly cut off with a Knife.

The Body after Seperation from the Head, Trembled a little, and Stir­red no more. The Head was received into a Black Silk Scarf, by two of my Lord's Friends, and retained by them, till the Sheriff called for it, and commanded the Executioner to hold it up to the view of the Multitude; The which he did, at the four Corners of the Scaffold; Crying aloud, This is the Head of a Traytor. But however the People had been formerly possessed with prejudice both against my Lord's Practices and Principles; Yet now, they made no Acclamations at the sight of the Bloud-dropping Head, nor seemed much taken with the Jollity of the Spectacle; Some went away with Confusion and Remorse, for their past hard censure of him; Others conceived strange appre­hensions and fears of God's Judgments ensuing Perjury, and Bloudshed. Some again said, My Lord was Drunk with Brandy; Others said, Verily This was a just Man. Luke 23. 48. The Papists who best knew his Innocence; And who looked upon themselves as in some measure Parties in his Suffer­ings; beheld this whole Tragedy with most tender Resentments. They regarded him as a Victime of Religion and Innocence. They mutually accompanied him with their Prayers, and Supplications to God in his behalf. They seemed to receive new Comfort and Courage from his Christian Magnanimity. They Wept; They Smiled; They Sympa­thized with him, both in his Dolours and Joyes. They Blessed, and Praised Almighty God for his goodness to Him, and to Them, in Him. They Glorified his Holy Name, who often sheweth the strength of his Power, in the weakest Subjects. In fine, many did, (and still do) believe, the peculiar grace, and presence of God's Spirit, had some Effect, and Influence upon all in a manner that saw him; And few there were of his Religion, who did not wish themselves in his Place.

No sooner was Execution done, but the Sun, (which before was obscured, and secluded from our sight,) on a suddain dissipating the Clouds, sent forth it's Clear and Illustrious Beams; Upon which ac­cident, different Parties have since made different Reflections; My Lord's Adversaries say, The Sun before srowned at Popish Guilt, but seemed pleased when Justice was done. The Papists say, The Heavens mourned [Page 70] and were ashamed, and unwilling to be Spectators at the Shedding of In­nocent Bloud; but appeared in Joy, and Splendour, at the Reception of a New and Glorious Inhabitant into their Coelestial Mansions.

When the Head had been publickly exposed, it was returned back into the Silk Scarf, held by a Youth that had waited upon my Lord, and so laid into the Coffin together with the Body, vested. (For out of Modesty my Lord desired he might not be stripped naked on the Scaffold.) In the Interim, divers Persons threw up their Handkerchiess, to have them dipt in my Lord's Bloud, wherein some were Gratified, and others had their Handkerchiefs thrown with Derision over the Scaffold.

After this the Coffin was taken down from off the Scaffold by several Bearers, and by them carried to the bounds of the Tower, where a Velvet Herse Cloath being spread over it, It was carried in order to it's Interment into the Tower; A place (say the Papists) as it hath been Enobled by his Sufferings, so will it remain to future Ages, a Triumphal Monument of his Fortitude, and Victory.

Thus Lived, thus Dyed this Famous Nobleman, to whose memory I shall only add, of my own; That if his Cause was Innocent, and his Religion wrongfully Traduced, He is Happy, and we unfortunate by his untimely Death.

1 Ep. Cor. Cap. 15. Verse 54.

Absorpta est Mors in Victoriâ.

AN APPENDIX, Containing some Remarques upon the late Tryal of Stephen Colledge, In Relation to the Chief Witnesses against my Lord STAFFORD.
Here annexed for the more Ample Satisfaction of the Reader in that Particular.

HAving in some measure performed what I purposed, and pro­mised in the front of this Treatise; I might well have here put a stop to my Pen, had not an extraordinary Accident, raised new matter of Reflections upon the King's Evidence in point of Credit, and seemed to call me to a short Survey of it, in the close of my Discourse.

The Judgments of the Almighty are incomprehensible; And St. Paul had good reason to Cry out, Rom. 11. 33. as it were in an Extasy, O The depth of the riches both of the Wisdom and Knowledge of God; How unsearchable are his Judgments, and his ways past finding out; Who could ever have imagined, That the three direct and main Witnesses against my Lord Staf­ford at his Tryal, should all convene together at another, of a quite con­trary stamp; And this in so fatal a conjuncture, as to confound, and destroy by open Perjury each others Testimony? My Lord (as you have seen) endeavoured to shew the Infamy of the Witnesses: The Contra­dictions in their Evidence: The Incoherence of parts: And Incredibility of circumstances, throughout the whole Charge. To make out which he alledged many pressing Arguments, and produced many Substantial Witnesses, both Catholicks and Protestants, in his behalf: Nothing see­med wanting, save only his Adversaries themselves, against themselves, to compleat his Evidence. And here it is the Divine Goodness (say the Papists) who is the Defender of Innocence, and Fountain of Truth, hath wonderfully manifested what manner of Men, my Lord's Accusers were, and what Credit ought to be given them; Even by the proper Testi­mony of their own Mouths; Herein also fulfilling in some sort, what my Lord himself (Prophetically) foretold in his last Speech, (viz.) I have a great confidence that it will please Almighty God; And that he will in a short time bring Truth to Light. Then all the World will see and know, what Injury they (Oates, Dugdale, and Turbervil,) have done me.

[Page 72] To give a brief account of this affair, There are few who have not heard of the late Tryal of Stephen Colledge, Sirnamed the Protestant Joyner (a man very active in the Death of my Lord Stafford, and a zealous defender of Dugdales Honesty.) He was Impeached, Arraigned, Condemned, and Executed for High Treason; In Speaking Treasonable Words; And having by a designed combination with others, appeared in Arms to Seize the Kings Person at Oxford. The Witnesses against him were, Smith, Dugdale, Turbervil, Haines, Mr. Maisters, and Sir William Jennings.

It is not my intent here, to Epitomize Colledges whole Tryal; Nor to give my Censure or Verdict upon it; But only to inform the Reader of some Passages which chiefly relate to the main Witnesses against my Lord Stafford; And which are now become the Subject of Surprize, and Astonishment to all Considering Persons.

Please then to Note, That Stephen Dugdale, and Edward Turbervil, (two of the Principal Witnesses upon whose Testimony my Lord was Found Guilty,) and John Smith, otherwise called Narrative Smith, (who at my Lords Tryal seemed the only plausible Deponent, as to the Plot in General) gave respective Evidence against this Colledge at Oxford, as followeth.

Stephen Dugdale Swore First. Page 18. &c. Mr. Colledge told him; That the King was a Papist, That he was as deep in the Plot as any Papist of them all (which the Papists themselves also confess.) That he had an hand in Sir Edmundbury Godferys death; That he was a Rogue; That nothing was to be expected from him but Popery, and Arbitrary Go­vernment. And that the Clergy of England were Papists in Masquerade, Secondly, That Colledge had framed several notorious Libels against the King to render him contemptible. And raised Arms with intent to seize His Sacred Person at Oxford, &c.

Turbervil Swore, Page 29. &c. He heard Colledge say; First. That there was no good to be expected from the King. For that he and his Family were Papists, and had ever been such. Secondly, That His Party would Seize the King, and secure Him, till he came to those terms they would have of him. Thirdly, That the Parliament which cut off the late King's Head, did nothing but what they had just cause for, &c.

Smith Swore; First. That Colledge told him, Page 27. There were Moneys collected to buy Arms and Amuniton to bring the King to Submission to His People; Adding thereunto, That he wondered Old Rowley (meaning the King) did not consider how easily His Fathers Head came to the Block, which he doubted not would be the end of Rowley at last. Secondly, That Colledge had provided himself of a great Sword, Pistols, Blunderbuss, with Back, Breast, and Head-Peice. And that he heard him say, The City was provided, and ready with Powder and Bullets: That he would be one who should Seize the King in case he secured any of the Members of Parliament. And that if any man, nay even Rowley himself should attempt to seize upon his Arms, He would be the death of him, &c.

In direct Opposition to these witnesses, Colledge produced Titus Oates (the third principal Witness against my Lord Stafford. And first Grand discoverer of the Popish Plot) who gave attestation against the said several Witnesses, after this manner.

[Page 73] AGainst Dugdale. Page 49. &c. Oates deposed; That the said Oates discoursing upon occasion with Dugdale concerning his being an intended Evidence against my Lord Shaftsbury and other. Dugdale replied, There is no body hath any cause to make any such report of me; For I call God to Witness I know nothing against any Protestant in England. But afterwards Dugdale having Sworn matters of High-Treason against Colledge, before the Grand-Jury at the Old-Baily; and being here­upon charged by Oates, as having gone against his Conscience and contrary to what he had declared to him. Dugdale answered. It was all long of Collonel Warcup, for (said he) I could get no money else; And he promised I should have a place in the Custom House.

In opposition to this Testimony, Page 50. Dugdale Swore; Ʋpon the Oath he had taken, and As he hoped for Salvation, It was not true

Against the same Dugdale, Oates farther deposed. That Dugdale did confess he had an old Clap; yet gave out he was Poysoned; viz. By the Papists. which sham passed throughout the Kingdom in our Intelligences; But in Truth (said Oates) it was the Pox: As I will make appear by the Dr. Lower. Physician that cured him.

In opposition to which Dugdale protested, If any Doctor would come forth, page 50. and say he cured him of a Clap, or any such thing; He would stand Guilty of all that is imputed to him.

AGainst Turbervil also Oates gave Evidence in these words. Page 48. A little before the Witnesses were Sworn against Colledge at the Old-Baily, I ( Oates) met with Mr. Turbervil. I was in a Coach; But seeing Mr. Turbervil; I stept out of the Coach, and spoke with him; For hearing that he was a Witness, I did ask him, whether he was a Wit­ness or no against Colledge? Mr. Turbervil said, He would break any ones head, that should say so against him; for he neither was a Witness; nor could give any Evidence against him. So after he came from Oxon, I met with Mr. Turbervil again; And hearing he had been there; I asked him, if he had Sworn any thing against Colledge? He said, yes; He had been sworn before the Grand-Jury. Said I; Did not you tell me so and so? Why (said he) The Protestant Citizens have de­serted us; And God Damm him, He would not starve. These very words he several times repeated; But when I asked him, what he had sworn? he said; I am not bound to satisfie Peoples Curiosities. Ʋpon the word of a Priest (said Oates) what I say is true; As I am a Minister, I speak it sincerely; In the presence of God; This Gentle­man did say these words to me; which made me affraid of the Man; And I went my ways, and never spoke with him afterwards, nor durst I; For I thought, He that would Swear and curse, after that rate, was not fit to be talked with.

In opposition to all which, Turbervil swore, That he met Dr. Oates just at his Lodgings; And the Dr. alighted out of his Coach, and spoke to him, and invited him to come to his old Friends. For he told him; They had some Jealousie that he was not true to them; And he farther told him; If he would come to the King's Head Clubb, he should be received with a great deal of Kindness. But never af­terwards (said Turbervil) did I speak with the Doctor a Tittle about any Evidence; Ʋpon my Oath (added he) I did not; And truly I always looked upon Dr. Oates as a very Ill Man, and never would con­verse much with him.

[Page 74] AGainst Smith, Oates gave this attestation; Page 49. ( viz.) To my know­ledge Mr. Colledge and Mr. Smith had some provoking words pas­sed betwixt them at Richards Coffee-house. And Mr. Smith comes out, and Swears, God Damm him he would have Colledges Bloud; So when I met him, said I, Mr. Smith, you profess your self to be a Priest, and have stood at the Altar: And now you intend to take upon you, the Ministery of the Church of England; And these words do not become a Minister of the Gospel, His reply was; God Damn the Gospel. This is truth (said Oates) I speak it in the presence of God and Man.

‘The whole substance of this attestation, Smith absolutely forswore, saying; Not one word of this is true, upon my Oath. Then addressing himself to Oates. 'Tis a wonderful thing (said he) you should say this of me, But I will sufficiently prove it against you; That you have confounded the Gospel, And denied the Divinity too.’

THis is the Sum of the Evidence given as well by Dr. Oates against Dugdale, Turbervil and Smith; as by Dugdale, Turbervil and Smith against Dr: Oates. From which fatal manner of self-condemning and Perjuring each other; The Papists (with two good consequence) draw these deductions.

Either Oates attesting these things against the aforenamed Witnesses, In the word of a Priest; As he was a Minister of the Gospel, Sincerly; In the presence of God and Man, &c. Did give true Evidence, or not; If he did; Then are Dugdale; Turbervil, and Smith, both in their Testimony against Colledge, and in their several Oaths here against Oates, doubly forsworn. But if Oates did not give here true Evidence (as the other three positively Swear he did not) then is he guilty of manifest Perjury. So that from the reciprocal Testimony of each other, in this matter; It is an undenyable demonstration; Either Oates (the Pillar of the Plot,) or Dugdale, Turbervil, and Smith, (the joynt Supporters of it,) or Both, and All, are Perjur'd Men, and can justly Challenge no right of beleif, Page 50. or credit to any thing, they ever did, or shall swear. Hence the Attorney General in this very Tryal inge­niously complained: ‘ It is an unhappy thing That Dr. Oates should come in against these Men that supported his Evidence before. And Mr. Ser­jeant Jefferies rightly inculcated to the Jury; Page 94. & 97. If Dugdale Smith and Turbervil, be not to be believed, you Perjure (said he) three Men, And (in them) trip up the Heels of all the Evidence and Discovery of the Plot.’ In like manner: The Papists argue: If Oates also, be not to be believed; the whole Fabrick of the Plot Falls. What? Dr. Oates? the Quondam Top-Evidence, The prime Discoverer; The Saviour of the King, and Nation from Popish Massacre; He swear false? He not to be believed? What Account shall be given to God, and the World, for the Bloud-shed, and the Severities used, upon his Sole, or chief Evidence? Yet it is impossible, if Dugdale, Smith, and Turbervil, Swear not false, Oates should Swear true; Or if he Swear not false; They should Swear true; And as it is impossible, both should Swear true; So is it next to impossible, (if either Swear false) the Plot should be true. However, most assuredly one part of the Witnesses against my Lord Stafford (without which the other could never have found credit,) are here, by their very Compartners, proved Perjur'd Men.

[Page 75] IT is objected. They might all of them peradventure have sworn true before; Though some of them for certain Swear false now.

The Papists answer: So might they all of them for certain have sworn false before, though some of them peradventure swear true now. We are not to Judge of Men's past, or future proceedings in order to Justice, by what they possibly might be, but by what they probably were, or, will be; And to make a rational Judgment herein, we have no other Rule to guide us in the knowledge of covert intentions, then the Test of Overt actions. Seing therefore these Witnesses are pro­ved actually Perjur'd; We have no rational ground to believe, but that upon the same motives, and in the same concurence of Circumstances, they both did, and will commit the same Crimes.

Men of lost Consciences, and desperate Fortunes, allured by gain, and encouraged by Indempnities, regard not what, Page 45. when, nor how they Swear. And my Lord Stafford had just Cause to say, ‘If it be permit­ted these Men daily to frame new accusations: If easy Credit be given to all their Fables: And whatever they shall from time to time In­vent, may pass for good Evidence: Who can be secure? At this rate they may by degrees, Impeach the whole Nation, (both Catholicks and Protestants,) for Crimes which neither they nor any Man else, ever yet dream't on.’

It is also objected by Colledge's Party; That Dugdale, Smith, and Turbervil, are Papists in Masquerade; and now made use on to Sham off the Popish Plot, by turning it upon the Presbyterians; Wherefore though credit may be given them when they Swear against Papists, yet the same credit ought to be denyed, when they bear Testimony a­gainst his Majesties true Protestant Subjects.

The Papists answer: First, Granted, that Dugdale, Smith, and Tur­bervil be real Papists; how is it proved they were imployed to Sham off the Plot? Why may not Papists, be good Witnesses against the Presbyterians, in point of Treason, without Suspition of a Sham? Is Treason a thing so strange, and unheard of amongst the Presbyterians? Or why should credit be given to the Witnesses when they Swear a­gainst the Papists, (who are only charged with a Design to Kill the King,) And Credit be denyed to the same Witnesses, when they Swear against those who actually Killed the King? Secondly, What the least Argument, or Appearence, is there, that Dugdale, Smith, and Turbervil are Papists, or Popishly affected? They profess the Protestant Religion; They frequent the Protestant Church, They receive the Protestant Communion, They take all Oaths, and Tests can be required of them, (as was acknowledged in this very Tryal.) They practise neither Fast­ing, Pennance, nor other works of Supererrogation, (the Symptomes of Popery.) Page 88. They pursue their former Design of Swearing against the Papists, with as much obstinacy, and violence as ever; (as was like­wise proved in this Tryal.) And is it possible the Papists should im­ploy, in their Shams and Intrigues, (if they had any) the very Persons who at the same time make it their Trade and Lively-hood, to cut their Throats? Page 90. Indeed if any of the Witnesses against my Lord Stafford be Popishly affected, It is Dr. Oates, Whose present Disparagement of his fellow Evidence, look's (said Mr. Sollicitor General,) as if he were a­gain returning to St. Omers.

[Page 76] Lastly, It is argued; The Jury, bringing in Colledge Guilty of High Treason, by that very Verdict, cleared Dugdale, Smith, and Turbervil of the Perjury, charged upon them by Dr. Oates.

It is answered: First, The Jury brought in their Verdict against Col­ledge, not upon the sole Testimony of Dugdale, Smith, and Turbervil; but more especially, upon the Evidence given by Sir William Jennings, and Mr. Maisters, Persons of known worth and honesty; As also upon pregnant proof made, (and acknowledged in a manner by Colledge him­self;) That he by Combination with others, appeared in open Arms, at an appointed time, and place, ready for, and Designing, publique Acts of Hostility, in the very presence of the King, yet without his Knowledge or Authority; which by the Law is adjudged Treason. 2ly. The Papists do not undertake to make good Oates's Charge of Perjury against Dugdale, Smith, and Turbervil; Nor theirs, against him: But only to shew, that the guilt of this Horrid Crime lyeth amongst them; And consequently, whether it be charged upon Oates, as the Chief Swearing-Master, and Original Author of the Plot; Or upon Dugdale, Smith, and Turbervil, at his Pedants and Accessaries in the Imposture; Or (as is most rational) upon Both, and All of them; It follow's, That the Lord Stafford dyed by Perjury; And Roman Catholicks have wrong­fully suffered by their Villanies, the loss of their Fortunes; their Estates, their Liberties, their Lives.

Luke 19. Verse 22.

Out of thine own Mouth will I Judge thee, Thou Wicked Servant.

THus I have here Briefly and Impartially set down, what occur's to me on this occasion; And now for an Appology to the whole Treatise: Seing the Papists, as well as all other Men, have a natural right, when Impeached, to defend their Innocence, I hope it will not be Imputed a fault in me, to have Rehearsed some of their Arguments, as they lay within the Limits, and Sphere of my Design. If any Persons of Depraved Judgments, shall from hence draw sinister Reflections upon the Justice of the Nation. I declare they abuse both the Government, themselves, and Me, by such their unjust Paraphrase.

FINIS.

Some Errors escaped the Press.

PAge 1. Line 30. for lesse, read least. p. 14. l. 36. for it is credible, r. is it credible, p. 30. 1. 10. for Deposited, r. Deposed, Ibid. 1. 16. for, left himself to. r. left to himself. p. 31. l. 35. for, injured, r. invred. p. 37. 1. 3. for Railed, r. Railyed. p. 39. 1. 2. for, addressed, r. addressed. p. 49. 1. 37. for, justi­fiable to her Tenents r. justifiable by her Tenents. p. 54. 1. 36. for, Creature, r. Creator. p. 67. 1. 12. for, Implored, r. I Implere.

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