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 on Tower-hill Wednesday the 29. of Decemb. 1680.

Whereunto is annexed a short APPENDIX concerning some Passages in STEPHEN COLLEDGES TRYAL.

The whole now again set forth, for a more am­ple Illustration of that so wonderfuly Zealous Pamphlet, Entituled; The Papists Bloody After-Game; writ in Answer to the said MEMOIRS, And Published by Langley Curtis, 1682.

Contraria juxta se posita magis elucescunt.

London: Printed in the Year, 1682.

THE PUBLISHER TO THE READER.

IT is the Common Fate of all Treatises writ in Mat­ters of Contest by Opposite Parties; That whilst the One is read without the other, neither of both are rightly understood. There came forth, not long since, in Answer to this Trea­tise call'd Stafford [...]s Memoires, a Pamphlet Entituled, The Pa­pists Bloudy After-game, Com­posed by a zealous Protestant-Dissenter, and obtruded upon [Page] the Vulgar, (even to Nause­ousness,) on every Bookseller's Stall. This Pamphlet, (we confess,) hath had the misfor­tune to be generally reguarded no otherwise then as a meer Bundle of Hideously Rude, and Scurrilous Barbarismes and Ca­lumnies, proceeding from the Malice and Fury of a Man, baf­fled in Judgment, and despair­ing of success from Sense and Reason; Whilst on the other side the Memoires, though they hardly appear'd in open view, have yet gain'd the Reputati­on of Modest in expression; Im­partial in Matter; Convincing in Proof; and Innoffensive in Stile. It is true these so differ­rent Characters seem to the Godly Party no wise applicable to the desert of either of the Authors: [Page] The rather because the One, of them though abound­ing (alas) in Passion and Cholor, is yet to be Commended for his exceeding zeal against the Po­pish Plot; And the Other by his reservedness in being exposed, and shrewd Arguments, made in defence of the Papists Inno­cence, hath given no small um­brage of Suspicion; he yeild­eth, not that Implicit Faith ▪ and deference to the Testimony of the Kings Witnesses, as may clear, him from the Imputati­on of Popishly affected. Never­theless, so it is, (we know not how,) the Memoires are grate­ful, and the Pamphlet odious to all indifferent Readers: Nay some will needs say (though we piously believe otherwise) The framing of this Pam­phlet [Page] was a meer Sham-Plot, contriv'd by th' Jesuits on pur­pose to advance the Credit of the Memoires, and Prejudice a good Cause by an Ill Vindication. But 'tis hoped there will short­ly be Printed something by way of an Apology in behalf of the Pamphleteer. In the mean while That the two Antago­nists may stand in equal Ba­lance, and both be impartially submitted to each judicious Censure; (see the scope of our Present Design) The Memoires are here made Publick; The Pamphlet being already obvi­ous to every Eye and Ear.

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 and all things now a days, whether Private or Publick, Sacred or [Page] 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 vo­lumn, that few can spare either [Page] 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 justifie to be true. And herein I shall also totally abstain from any the least moralizing upon transa­ctions, whereby to forestal the [Page] 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 Lord's 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 an­tient Dukes of Buckingham, Grand-child 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 late bloudy Re­bellion, [Page 2] 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 remain'd till the 66. year of his age, when happened this Revolution of his fortune, as follows.

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

ABout Michaelmas Anno 1678. Mr. Titus Oates (formerly a Minister of the Church of England) accus'd upon Oath, before the King and Council, (& 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, &c.

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 [Page 3] from his ordinary known Acquaintance and Affairs till the 25 th. of October, (78.) when by Warrant from the Lord Chief Justice, he was sent Prisoner to the Kings Bench, and from thence, soon after to the Tower, where he remain'd above two years before he could be admitted to Tryal.

During this interval, the whole Nati­on was surpriz'd 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 Massacr'd, and the three Kingdoms destroy'd, 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 declar'd it a Plot: Yet to strengthen the Evidence (as yet but weak) and make farther dis­coveries; Indempnities are promised, Re­wards proposed, and encouragments, given by Proclamation to any who would make out upon Oath the particulars of what in substance was 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, [Page 4] &c. Lastly one Mr. Turbervile, who, (to­gether with Oates and Dugdale,) gave E­vidence against this Lord Stafford, of whom we now treat.

Tryal, p 4.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 Novemb. 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; where­in my Lord was charged, together with other Papists, for having imagin'd and contriv'd to murther the King, 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, and the Commons Learned Counsel, Pag 7. &c. (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 [Page 5] 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 busy 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 Tixal, intimating the Murder of a Justice of Peace, and communicated by Dugdale to divers Gentlemen in Staf­fordshire, 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 subborned the King's 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 re-capitulated the several Try­als of Ireland, Whitebread, Langhorn, &c. And alledged the Votes of both Houses of Parliament declaring it a Plot. To streng­then [Page 6] 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 fitly corresponded to so great a Cause, prosecuted by so high an Authority, before so Illustrious Judges, and August an Assembly.

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, who depo­sed, Pag. 17. &c. That going into France, he became aquainted with Abbot Montague and one Father Bennet; These persons, to induce him to be a Catholick, told him he should have an Imployment among them; and that in a few years they would bring in their Religion into England, right or [Page 7] wrong; But this was not sufficiently pre­valent with him to turn Papist; yet he lived with them several years. That at last he went into Italy, where the Jesuits perswaded him to discourse with Cardinal Grimaldi; the which he did: The mo­tives of his Perversion. 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 assurance 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. That up­on his arrival in England, His Im­ployment in Eng. 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 Money to Colledges be­yond [Page 8] seas. That one Thomas Smith told him he received a Letter from the Lord Stafford, wherein my Lord said, He ex­pected some suddain Change.

Dugdale's Deposition.

NExt to Mr. Smith was Stephen Dug­dale, who deposed, That for about 15 or 16 years together, Pag. 21, &c. he had been ac­quainted, by several Letters, and other means, there was a Design carried 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. His Con­tribution for Arms, &c. 500 l. That he himself had contributed 500 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 [Page 9] 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, 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 kill'd, several Parties should be provided with Arms, and rise all on a sudden at an hours warning, and so come in upon the Protestants, Armies rea­dy at an hours war­ning. 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. And that the same Pope (as he thought) had promised to contribute in the whole 1000 l. for the raising Armies, The Popes contribution 1000 l ▪ 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 Dr. Oates gave Evidence, That in the year (76) he being then a Protestant, Pag. 25. &c. 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 [Page 10] that the Protestant Religion was now up­on its last leggs. That hereupon (having had before some suspition of the designs of the Papists, and growth of Popery) to satisfie his curiosity, he feigned himself a Convert: his feigned Conversion. 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 ar­ [...]rived at Validolid, there were Letters got before him from England, wherein was expressed; That the King was dispatch'd, 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 return'd into England; And that the Provincial of the Jesuits of Castile had also advanced 10000 l. The Provin­cial of Castile contribution 10000 l. That soon after this, he was present at a Sermon Preach'd to some Students, against the Oaths of Al­legiance and Supremacy, wherein likewise the King's Legitimacy was villified and a­bused; And it was declar'd, that his Re­ligion entitled him to nothing but Suddain 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 [Page 11] 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 the long Parliament: Then he went on to aquaint 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 resolving 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 correspondencies. That in March, Pickering attempting to kill the King, the Flint of his Gun was loose, and the King escap'd, for which Pickering re­ceived 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 thence afterwards ad­journ'd 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 500 l for his pains; And Pickering (being a Religi­ous man) should have 30000 Masses. That in June he saw more Letters, and heard [Page 12] new Proposals, wherein a Reward of 15000 l. was offered to Sir George Wake­man for poysoning the King. That in July Mr. Strange very frankly told him how London was fired, and how many of those concern'd were seiz'd, and afterwards discharg'd by the Duke's Guards, and Order.

Mr. Jennison's Deposition.

Pag. 32.AFter Oates, 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 the Catholick Religion, that the Government should be chang'd; And that it was an easie mat­ter to Kill or Poyson the King. That he an­swer'd, God forbid. That hereupon Ire­land told him he would remit the Twenty pounds he ow'd him, A Twenty pound Debt remitted for a reward to kill the King. if he would go to Windsor, to assist to take off the King; But he exprest a great detestation of it. Then Ireland desir'd him to name some Stout Couragious Irish-men, proper for the Assassination; which he did, and Ireland approv'd 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 Excommunicated or Depo­sed, he was no longer King; and it was no great Sin to take him off. That about two [Page 13] 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 the greatest Papists in England were in It. That there was a new Army to be rais'd, 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 surpriz'd hereat, the Jesuit told him he should receive the Sacrament of Secrecy.

Mr. Dennis his Deposition.

THe last Witness was Mr. Dennis, Pag 30. who depos'd, That he saw Dr. Oates in Spain, where he seem'd to be a man of very much business, and had a Bag of Money, some of which he lent to Him. That the Arch-bishop of Tuam told him in the pre­sence of Dr. Oates, That Mr. O. Plunket, Primate of Ireland, was resolv'd 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 depos'd; to whose Depositions were an­nexed, and produc'd in Court (in order to the same end) the several 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.

Pag. 17.THus far hath been (as I may say) In­dicted, Arraigned, and Tryed, the Plot in general. My Lord Stafford (as the Managers declar'd) is not hitherto prov'd, but only suppos'd 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; nor to do Ju­stice, though to an Adversary. To pro­ceed then.

[...]e Papists [...] against [...] Plot in [...]eral.The Papists plead, that it is not the Clamour of the hainousness and horror of a Crime imputed, but the Gu [...]lt and clear Conviction of a Crime prov'd, 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 wash'd off.

[Page 15]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 pleas'd, though never so Innocent; and for what they pleas'd, 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 accus'd; seeing no mortal man can distinctly prove where he was, & 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 presum'd to Swear any thing.

Secondly, That the Accusation be strengthen'd with probable Circumstances; Circumstances which bring along with them some appearance of Truth, d [...]stinct 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 [Page 16] other of the Crimes charg'd 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 Infa­famous; how stigmatiz'd with all sorts of Felonies, Forgeries, Cheats, Debau­cheries and Wickedness, many Intelligent Protestants in their Consciences know; the Witnesses themselves have been often forced to acknowledge, and several Courts of Judicature, can upon Record give pub­lick Testimony.

As for the second condition; there are not only no Circumstances confirming the said Oaths; But the whole series of the Evi­dence, is a meer bundle of Moral impossi­bilities, contradictions, and non-sence. Here is a Plot (forsooth) contriv'd 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 liv [...]d in Peace; To wade through Bloud to an uncertain Liberty, which they already sufficiently enjoy'd; To overthrow the Government for the re­establishing of which they so frankly in the [Page 17] late Wars expos'd their lives and fortunes; This Plot must be manag'd by Persons of Quality, most remarkable peradventure of all others for firmness of Loyalty, and now through age and infirmities, retir'd from publick business, and weary of the world; The whole body of Roman Ca­tholicks, (men, before this hour, of known worth, virtue, integrity, and unblemish­ed Reputation,) must all be involv'd by Vows, and Sacraments, in a design so black, and execrable, That God and nature ab­hor to think on it. They must hazard their Honour, 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 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 [Page 18] Levity, no dissagreement of Parties, hap­pen to detect it, till at last, Dr. Oates Capt. Bedlow, and by degrees their other Companions rak'd out of Goals, Whipt, Pillory'd, and one way or other branded with Infamy, made this Grand Doscovery, (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 mention's two hundred thou­sand,) immediately to be raised; 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 Officers, after thirty months diligent scrutiny, could never find the least footsteps of any such thing. And 'tis impossible they should or could be in­visibly dispers'd or convey'd away upon so sudden 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 [Page 19] Offices; my Lord Stafford (because no good Accountant) must be Pay-master-General; Divers Patents granted for Dig­nities of State; many Bulls and Breves for Ecclesiastical preferments; And God knows how many, even Bushels of Let­ters, and Pacquets, all containing most damnable Treason, sent nevertheless up and down at random, 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 carry'd to and fro, and became so dexterous in ta­king remarques, That they could exactly tell (when their memories fail'd, not for fear of contradictions,) the particular Date, when, where, to whom, and from whom; Nay they could punctually re­cite upon their fingers ends, the very ex­press words of almost every Letter; Oates moreover declares, he was never a real Catholick, but only pretended to be so, on purpose to make Discoveries: Page 123. And he was so successful in this Stratagem, that he gain'd from the Jesuits a Patent Colemans 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 Seal'd Commission, one scrip of Paper, one Original Writing, (a thousand manner of ways easily compass'd in such a conjuncture,) whereby to credit their [Page 20] 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 lodg'd? Did all the Plotters burn their Commissions, Bulls, and Briefs, as well as all their Letters, as soon as they re­ceived them? Why did not Oates shew us at least his own Patent receiv'd 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 endles [...] Contra­dictions?

From these, and other the like grounds, the Papists would inferr, 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 Judgement 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 induc [...]d out of Malice or Interest, [Page 21] 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 counte­nanc'd, any man, either Papist or Prote­stant, can be long secure of his Reputa­tion, Fortune, or Life.

To what was argu'd from the acknow­ledg'd Letters of Mr. Coleman and o­thers; It is answer'd, Coleman's Letters. That those Letters indeed manifestly denote [...]he buisie 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 word or sillable in them from whence may be gather'd any such design; The substance of them being only some imagi­nable Conceits, and over-weening Poli­cies of four or five aspiring men, willing to be Great, or at least to be thought so; and desiring perhaps, in some measure, a [Page 22] liberty of Conscience; yet without con­fronting, much less destroying the King or Government. Wherein also (as far as appears by the Letters) they were no wise seconded by the Catholicks in gene­ral, nor much countenanced by those whose Favourites they pretended to be; so that, upon the whole matter, these Letters, rightly consider'd, are rather (as is said before,) a manifest Vindication of the Roman Catholicks Innocence, then a Confirmation of the Plot.

Concerning the Death of Sir Edmund­bury Godfrey, Sir Edmund­bury God­frey's Murder. there is nothing to fasten that Murder on the Roman Catholicks, but the the bare improbable (though gainful) Oathes of two Infamous Persons: The one (viz.) Bedlow, notorious for Cheats and Misdemeanours: The other (viz.) Prance, self-Condemn'd 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 Edmundbury Godfrey was estee­med by all, a moderate man and parti­cularly Indulgent to Catholicks. And 'tis not credible the Papists would Murder [Page 23] their Friends; especially in a conjun­cture of time, when it was to no purpose, nor could any way 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. Another thing is, Page 20 that the whole (though premeditated) series of this Mur­der, as it is related by the Witnesses, seems to be involv'd 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 thorough-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, preceiv'd any thing of this Tumult. When they had him in the Yard, they Strangled him with an Han­kerchief, (a very proper Instrument, stu­dyed and contriv'd before-hand, to stran­gle a Man.) After the buisiness was done, they let him lie expos'd in this open place, half living, half dead, above a quarter of an hour. At length they dragged him in­to a Chamber in Dr. Godwin's Lodgings, [Page 24] (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 carry'd him through several Courts, into several Rooms, and apartments in Somerset-House; And having thus (to no purpose) toss'd him up and down [...]rom Saturday till Wednesday; they finally plac'd him (though stiff and Inflexible,) in a Se­dan, and carry'd him to the Soho, and there set him astride on Horse-back, to ride before H [...]ll to the place where he was afterwards found. Bedlow deposes, Sir Ed­mundbury Godfrey was Throtl'd with a Cra­vat; Prance Swears it was with a Han­kerchief; The names of the Assassines ci­ted by Bedlow are Prichard, Welsh, Le Phaire, and other Jesuits. But the Mur­derers nominated by Prance, are Green, Hill, Bury, Gyrald and Kely; And these two parties are quite different Actors; and as far as, appears by the Evidence, nei­ther the Designs, nor [...]ersons 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 be afterwards (when required) go to the Room where he said he saw it. Bed­low tells us he refus'd to have any hand in the Murder, for which cause the Je­suits did not acquaint him who it was; [Page 25] 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 Bedlows 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 proffer'd to him alone, if he would but assist the rest to convey away the Corps. This Murder is affirm'd to have been committed on Saturday, the twelfth day of October (78) at nine a clock at night; and the Body convey'd away on the Wednesday following, about Midnight. In direct opposition to which, Hill, Green, and Bury (who were Accus'd, 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 lock'd 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 carry'd away, James Warrier attested, That Green (his Lodger) was in [Page 26] his House and company on Saturday Oc­tober the 12 th. from seven till after ten at Night, and that he exactly remembred it by his Work. Three Centinels, who Successively kept strick Guard on the a­foresaid Wednesday Night, at the great Gate at Someset-House (through which 'tis affirm'd the Body was carried out in a Sedan,) declar'd 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 immediately before and after the time Sworn to by Prance and Bedlow. Berry'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 proffer'd his Life, if he would own the Fact; Nevertheless absolutely deny'd 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 [Page 27] 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 forenam'd Witnesses Perjur'd in their Evidence. As for what is objected about a Letter sent from Lon­don to Tixal, &c. It is answer'd, (suppo­sing such a Letter was really sent and re­ceiv'd,) That a Letter intimating the Murder of a Justice of the Peace, might well be Writ from London on Saturday (when Sir Edmundbury Godfrey was known to be missing) and arrive at Tixal in Staffordshire, by the common Post on Munday following; Page 77. Page 136 and thereupon Dug­dale might tell the news the self-same day, to divers Gentlemen at Tixall. What of all this? Where's the Inferrence against the Papists? Yet this is all some Gentle­men seemed to attest, (whilst others de­nyed,) and all can be necessarily deduc'd from the receipt of such a Letter; But that this Justice of the Peace was Sir Ed­mundbury Godfrey, and that the Papists had Murder'd 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, and from them deduced Stories, of Firing the City, Fire-Balls, Sham-Plot: &c. Bur­ning the Navy, Black-Balls, Fire-Balls, [Page 28] Sham-Plots, Wild-Irish, Spanish-Pilgrims, with other the like innumerable Foppe­ries, 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 Non-sence; 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 appearence of Ju­stice, to oppress the Innocent.

The Votes of both Houses of Parlia­ment decla­ring it a Plot.And whereas it is alledged, as a main Argument of Popish Guilt, That the two Houses of Parliament have declar'd 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 divised,) such as may amuse and [Page 29] 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, Gunpowder Treason, French Mas­sacre, &c. and Bloodiness from former exam­ples, ( viz.) Queen Mary's Cruelties, the Powder Plot, the Irish Barbarisms, 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, Swin­glius, B [...]za, and other Reformers; The late Bloudy Wars in England, the almost yesterday's Remonstrances, and Practices [Page 30] 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 I. 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 False­hoods, attested only by Infamous Men, could pass for current 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 neither this (as you may well think,) nor all the Jesuits could say, or do, would 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 [Page 32] 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,) entertain'd 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 continu'd firm in the belief of the Popish Doctrine and Principles, yet made it his whole business to root out the Jesuits, (the 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 [Page 33] 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 devis'd 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 entertain'd 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 [Page 34] '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; Seing he himself (if you will believe him,) here also deposeth, that some of them were so desperately mad, as to Preach a publick Sermon before a com­pany of Students; wherein the Kings Legitimacy was vilified and abused; and it was declared, His Majesties Religion en­tituled him to nothing but sudden Death and Destruction. Is it 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 seigned himself a Catholick on pur­pose to make Discoveries; Alas (good Man, Ireland's Tryal.) It was to save His Majesties l [...]fe, 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 [Page 35] 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; 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 Kings Life, all this while made no Discovery; Though he knew for certain, that the Pistols were alrea­dy, even at the King's Breast; The Cup of Poyson at his Lip; And the Dagger al­most at his very Heart; Yet he never cry­ed out Murder upon the Lords Annointed; never called for Immediate Succour; ne­ver warned the King of his Imminent 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 [Page 36] of Treason and Blood-shed; Yet Ire­land (as if he had a mind to Hang him­self,) was still urging this Consciencious 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. 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 [Page 37] their Cause be impartially consider'd; the Integrity of their Principles rightly under­stood, their formerly experienc'd Loyalty regarded. The contrary practices of their chiefest Adversaries remembered. The Infamy of the Witnesses, and Inconsistency of their Evidence duly weighed, there will remain no colour of proof, or even Suspition 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, Page 40. &c. The Court proceeded to take cognizance of what in particular affected my Lord, the Prisoner at the Bar. In pursuance hereof, the Ma­nagers regarding in all things a Methodi­cal exactness, first demanded before they produc'd 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, The first on­set against my Lord. that they had made it out there was a Plot. That this Plot was a general Design of the Popish party; That it was not likely such a design could be [Page 38] carried on, without the Concurrence of Persons of great Quality. That therefore 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.

[Page 39]

That he was much afflicted to see himself accused by so high an Authority, My Lords Address. Page [...]5, &c. for a Crime which above all others, he ever from his heart utterly abhorred; He renounced & 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 die 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.

[Page 40]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 affirm, there was more of flourishing Rhethorick, then strength of Argument in the said Obser­vations; the order of Law, not permit­ting my Lord, in the close of the Tryal to Rejoyn upon them. I shall (to give the best satisfaction 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.

[Page 41] 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, Pa 24. &c. in the presence of Dugdale,) give his deliberate and 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 further 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 the Work-men and Servants of their Wages. That by his Extravagancies and Misde­meanours, [Page 42] 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.

Pa. 94 &c.Mr. Sandbidge, an Old Man, and a Protestant attested, That Dugdale was a Knave, and notorious [...] known, both by him and all the Countrey to be a Wicked Man.

Pa. 84. &c. Thomas Sawyer attested, Dugdale went from my Lord Astons, involv'd in deep Debts: That whilst he was Bayliff to my Lord Aston, he receiv'd and plac'd 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 reveng'd on him.

Pa. 87. &c.The same thing as to Dugdal's sinister dealing, His being in Debt, Imprison'd, and Dissown'd 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 Inference, (viz.) That had the Lord Aston, and the rest been Guilty, (as Dug­dale accus'd th [...]m,) it was highly Impro­bable, [Page 43] 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 retrieve his desperate Fortune, by making Discove­ries, utterly destroy both their Designs, and them.

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

Mr. Noble, Stephen Colledge, Pag. 145. &c. (the Protestant Joyner, lately Executed for High-Treason at Oxford,) and Mr. Boson a Lawyer, depos'd, That at Dugdale's entreaty, 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,) 200 l.

To this my Lord Stafford reply'd, He should have something to say; And desir'd 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.

[Page 44] Pag. 163.Then my Lord desir'd Mr. Lievtenant of the Tower might speak what he knew. Hereupon Mr. Lievtenant declar'd, 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.

Pag. 175.UPon these Testimonies the Managers made these following Observations; First, It was manifest from several Cir­comstances, that Dugdale went not a­way from Tixall 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 Ʋniversally 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, [Page 45] and hitherto undetermined to set up for an Evidence, was in some apprehension of co­ming 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 h [...]m, and Desperation Seizing him? If this hath been clearly proved, 'tis no hard matter to judge what was his End and aim in making his Discovevies; And my Lords further Inferences hereupon are Solid 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, [Page 46] 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; 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 Najesty's Gracious Pardon, but also a Reward of Two Hundred Pounds. By force of which Argument, Dugeale 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 Coun­cil; and lastly before the two Houses of Parliament.

Pag. 163.Concerning this Southal, the Lord Fer­rers informed the Court, That he had [Page 47] been very active against the King in the late Wars, and had the Repute of a Per­nicious Man against the Government.

To Impunge which information, the Lord Brook declared in behalf of Southal, Pag. 168. that his Mother had employed him, and found him honest in their Affairs; And Mr. Gower Farther testified, That he found Southal extraordinary zealous in prose­cuting the Papists.

UPon these Evidences, the Managers made these Observations, First, Mr. Whitby not only declares, that Dug­dale had deal [...] 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 zealous man, had (with much dif­ficulty and strong Arguments,) the good fortune at last to succeed, in perswading Mr. Dugdale to make a fair and plain Discovery of the whole Plot, to the great happiness, not only of Mr. Dugdale, 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 [Page 48] 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 Stewards who receiving Moneys of their Masters, to pay Poor Labourers their Wages, shall (as Dug­dale did,) Defraud 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 plung'd 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 concern in [Page 49] the Plot. He was not only a Confident, but an Assistant in raising Armies, Kil­ling the King, &c. Now my Lord prov'd 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, attested; Pag. 82. &c. That Dugdale being Examin'd before them, and other Justices of the Peace, though he then took the Oaths of Al­legiance and Supremacy in their Pre­sence, yet absolutely deny'd 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 look'd upon him as one of them; and that he would do him all the Kindness he could: To which Dugdale answer'd, Truly for his part, though he had the misfortune to Live amongst Papists, yet he never lik'd their Religion. Then Mr. Whitgrave urg'd him home, saying, Sir you may do your self a kindness, and o­blige your King and Countrey: I am con­fident you know of this Horrid Plot: pray do not stifle your Conscience with an Oath [Page 50] of Secrecy: Let it come out; Dugdale reply'd, As he hoped to be saved, he 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.

Pag 175.UPon these Evidences the Manna­gers made this Observation, 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 disco­ver'd all to Southal, and others.

To which the Papists answer: It is very strange, so palpable a Perjury prov'd 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 [Page 51] 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 prov'd; that for Fear, for Lucre, for Revenge, for Liberty, this Man hath actually Sworn to ex­press Contradictions, and will not stick upon the same motives to Swear any thing.

SEcondly, Pag 74. Dugdale had determinate­ly Sworn at Sir George Wakeman's Tryal, (as my Lord prov'd by two Substantial Witnesses, the Lady Mar­chioness of Winchester, and Madam Howard,) that the Meeting or Consult at Tixal, mention [...]d 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 prov'd he never was at, or near Tixal during that whole Month; nor came thither till the 12 th. of September fol­lowing. This he shew'd by giving an exact Account where he was, every Week and Day throughout that Month. The Witnesses who gave respective E­vidence to each particular time and [Page 52] place, were, the Marquess of Worce­ster, the Marchioness of Winchester, Mr. Bonny, White and Bevan, Servants to the said Marquess.

Page 147UPon these Testimonies, 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 Stafford shire 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 Stafford-shire 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 Roma [...] Catholicks, are Persons o [...] that Qulity▪ and known Vertue, as admit of no Comparison in point of Credit with the [Page 53] 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 us'd 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 Per­jur'd. 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, Pag. 83, &c. Dugdale Swears in his De­position; That at Tixal on the [Page 54] 20 th. or 21 st. of September (78) My Lord sent for him by one of h [...]s Servants to his Cham [...]er, 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, Offer'd him five hundred Pounds to Kill the King. In di­rect opposition to these particulars, my Lord prov'd, 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,

Pag. 80. &c.Mr. Furnesse my Lords Gentleman attested: 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 desir'd, my Lord bid him be called in; accordingly Furnesse conducted Dug­dale into the Chamber; when he came in, my Lord asked him several questi­ons [Page 55] about the Race, telling him, he himself would bett Twenty Pounds for Staffordshire sake, Then, 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 di [...]course between them. When Dugdale had obtained his re­quest, he went out of my Lords Cham­ber, leaving Furnesse still there; my Lord also as soon as he was drest went out of h [...]s Chamber to my Lord Aston, to ask him leave for Dugdale, bidding Furnesse make himself ready to go to the Race. Furnesse accordingly made h [...]mself ready about Nine a Clock, and coming down the Back-stairs, my Lord Stafford met him: Go (said 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 ask'd 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 arriv'd at the Race together about 12. a Clock: My Lord himself (with other Persons of Quality,) came to the Race not long after, and return'd back to [Page 56] 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 remain'd 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 Managers produc'd these Witnesses.

Pag. 32. &c.Mr. Hanson Deposed, 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.

Page 174.UPon these Evidences the Mana­gers made these Observations. First, My Lords two Witnesses, Fur­nesse and Leigh, were his own Servants. Secondly, They were very positive in a [Page 57] 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 Sophisms 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 Managers 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 Honest 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 cheif things which my Lord's two Servants well remembred, distinctly Attested, [Page 58] and by most remarkable Circumstances fully proved; was, That my Lord did not send either of them for Dugdale; nor was Dugdale ▪ alone with my Lord in his Chamber, on the 21 st of Septem­ber in the Morning; On all which par­ticulars Dugdale laid the [...]tress 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. [...]ydcot, 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 Ale-house 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 produc [...]d for Wit­nesses the same Mr. Sambidge and Mr. Philips.

Mr. Sambidge protested upon his Sal­a [...], Dugdale never told him any such [...] Nor did he ever hear of it, till [...] [...]y or Saturday Sir Edmund­ [...] [...]frey was found at Bury Hill. [...]ilips attested▪ That he never [Page 59] 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 Managers produced these Witnesses.

Mr. Ansel deposed, That at the Ale-house and day abovenamed, 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 the 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 it's first rice from Tixal.

UPon these several Evidences, Pag. 117. the Managers made these Observa­tion [...], First, Mr. Sambidge was some­thing D [...]a [...] and might [...] hear when Dugdale told [...] him the News of the [Page 60] Death of a Justice of Peace. Secondly, Mr. Philips the Parson, being perhaps very Studious in his Employment, might be wanting in point of Memory; Thirdly, Page 175. The other Witnesses produc'd in Confirmation of Dugdale's Evidence, make it out, 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 Managers alledge be true, then is Dugdale here also proved Perjur'd by the Managers themselves; For he expresly Swore at the said Tryal of Sir George Wakeman, That Mr. Sam­bidge both heard and answer'd 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 Sambigde 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 [Page 61] Room, but could not say they heard, must less answered, to the discourse of Dugdale; which is the chief matter of Perjury here charged upon him. As for what Mr. Birch and Turton declar'd, concerning the Rumour soon after spread of the Death of Sir Edmundbury Godfrey, it nothing at all Enervates the present proof of Perjury, seing 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.

[...]
[...]

[Page 62] Pag. 178.UPon this proof of Dugdale's Perju­ry the Managers made this Ob­servation, (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 old: 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 wo [...], without mani­festly wresting hem [...]m their Genu­ine signification, as every impartial Reader may see; So that the proof here given of Du [...]da [...]e's Perjury is un­answerable.

Dugdale's Subornation of Oaths.THe third ma [...]n Exception made by my Lord against Dugdale's Depo­sition, was, That he, being conscious [Page 63] of his ill grounded Evidence, had en­deavoured to Suborn divers Persons, to make false Oaths; That so he might strengthen his own, by others Perjury. To make good this Exception.

Samuel Holt a Protestant attested, Pa. 93. &c. That Dugdale desiring to speak privately with him, told him, If he would Swear that Walter Moore carried 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 th [...]n 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, H [...] should not want Money, if he would please to be ruled by him. Then he [...]ook an Handkerchief out of his Pocket, wherein there seemed to be about ten Pounds and bid him, If he wanted, take Money there. [...]nd lastly told him, He could furnish [...]n wi [...]h Money, and put him in a way to get Mo­ney, if he would come in a [...] [...]dence a­gainst my [...]ord Stafford. When Robin­son refus'd [...]o [...]o [...] knowing my Lord, or any thing of him.

[Page 64] 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 Managers 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 [Page 65] take Dugdale's part; That he stole some Bottles of Wine out of my Lord Astons Celler; That he call'd him (the said Kawlins) 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 own'd himself, upon Examination, to be a Rogue; And had no other Imployment or Livlyhood.

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 Managers made these Observa­tions, [Page 66] 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 wholy Ignorant [...]d­ly, It doth not appear, that Dugdale had any ill will to Moor, that should induce him to Suborn Pol [...] to Swear against him. Thirdly, Both [...] and [...]ol [...] were Infamous men; [...] 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 Mackles­field and Mr. Booth attested,) every where about Staffordshire, remarkably known for Cheating a Dice, Cock­fightings, 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 Instrument. To [Page 67] the Second, It is plain matter of Fact, that Dugdale having accus'd and Im­prison'd Moore for carrying away E­vers, 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 Managers 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 Evidence? (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 Co-equals in probable [Page 68] 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 Managers alledged the like proceedings on my Lords side: To prove which,

Thomas Launder deposed, That my Lord Aston [...]s Friends had Summoned him up to my Lord Aston's 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 destroy 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 hir'd 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 [Page 69] also in this matter; produced a Letter or Paper, Writ and Sign'd 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 own'd 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.

[Page 70] Page 186.UPon this diversity of Evidence, the Managers made this Obser­vation: That the Attempts made to Su­born Launder and Wright, were manifest Signs my Lords Agents endeavoured by Sinister ways to Vindicate his Cause.

To which the Papists answer: It is not conceivable how the Evidence given by Launder and Wright, can draw the least suspicion 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 deserved the Title, Credit, Dig­nity, and other the Emoluments of an [Page 71] Associate to the Kings 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, Dugdale's Improbable manner of Swearing. Page [...]2. That Dugdale Swore in this very Tryal, 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 Ma­nagers brought in two Sisters, Elizabeth and Anne Elder; These Sisters depos'd, That Dugdale coming one day to their House with several Bundles of Papers in his Pockets and Breeches, desir'd them to Burn them; saying, the Times were troublesome, and he being to Travel to [Page 72] 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 ask'd 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, denotes 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 answer'd, 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 [Page 73] 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 if what the Women attest be 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.

Pa. 46. &c.THe next Witness that gave Evi­dence to the Impeachment, against my Lord, 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 Fenwick a Jesuit, now Exe­cuted, and there received a Commis­sion from him in Oates'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 business. And further added, speaking of the King; He has deceived us a great while, and we can bear no longer.

My Lords Exceptions.

AGainst these Depositions, my Lord made these several Exceptions. [Page 75] 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 keep 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, P. 728 &c▪ so forsaken and contemned by all, for his Debauched Life; that he Begged at doors for Six-pence.

To this Doctor Oates himself an­swer'd, Pag. 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 Two-pence 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 [Page 76] 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.

UPon this Argument of my Lords drawn from Oates's 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 Dr. Oates, the Papists reply: Poverty is an Objection against Honesty in a person addicted (as Oates was) to Idlenes, Vice, and Debauchery; 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 employed in all the deep and Damn­able Consults? Could he have at his mercy the Lives and Fortunes of all the Chief Conspirators? Men stock'd with Banks of Money, sufficient (if we will believe him,) to raise Armies, and pro­vide for two hundred thousand Soldi­ers? [Page 77] 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 Bloudy Perjury,) 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, This Oates affirms in Langhorns Tryal. 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 accrue 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 Gifts 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.

[Page 78] Page 101.THe second Exception made by my Lord against Oates's Evidence, was, That the said Oates had Perjur'd 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 Depositions; amongst whom the Earl of Berkley being requi­red to speak what he knew; Attested, ‘That my Lord Chancellour did ask Dr. 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.

[Page 79]UPon this proof, the Managers made these Observations. First, Page 1 [...]9. 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; but coming in afterward, he saw the Queen there. Thirdly, It might not be so clear to Dr. 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 Depo­sed upon Oath he heard such words, and circumstanced them with such par­ticulars of Time and Place, as plainly [Page 80] 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 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 us not to know, that a Queen designing to Murder the King her Hus­band, is guilty of Treason; And whe­ther She was liable 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 Vertue, Innocence and Endeared Affection to His Majesty, leaves no place for Calumny to fix 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.

Oates's new Forgeries. Pag. 102.THe third Exception made by my Lord against Oate's Evidence [Page 81] was; 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 rememberance, Of all what­soever he knew, as to the matters and Persons concern'd 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 slam 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, receiv'd 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 [Page 82] Oates. Page 25. It is impossible that the said Oates, who (as he said) 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. Pag. 126. But if there were no such Commission, (as most assuredly there was none) then is Oates Perjur'd in his present Evidence: And verily (added my Lord) if it be permitted to this man daily 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 degrees Impeach the whole Nation, for Crimes which nei­ther he, nor any man else ever yet dream'd on.

UPon these Arguments and Inferen­ces made by my Lord; the Mana­gers would not; and the Papists say, They need not make any Remarks.

Oates his A­postacy and Sacriledge.THe fourth Exception made by my Lord against Oates his Evidence, was: Page 123. 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, That a Protestant of the Church [Page 83] 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 Abre [...]untiation 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 Managers 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 [...] [Page 80] [...] [Page 81] [...] [Page 82] [...] [Page 83] [Page 84] 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 Oates's first preten­ded change to be such. However my Lord insisted not upon the changing, but the feigning 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 exte­riourly 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 Bloudy and Hellish De­signs. If this be true, what credit can be given to a Monster accustomed and inured (by his own confession) 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 Lords Impeach­ment, [Page 85] 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 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 [Page 86] for him at Diep, in order to his com­ing over with him in a Yacht; That accordingly Turbervil went to Diep, but that being there, my Lord writ him word, He had altered his resolu­tion, and would take his Journey by the way of Callais, 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 Lords proposals, he was discountenanced by his Friends, redu­ced to poverty, and thought himself not safe, even amongst his own Rela­tions.

My Lord's Exceptions.

Turbervil's Perjury in seven Par­ticulars.TO this Deposition my Lord plea­ded in his defence, 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 absolutly Forswear any knowledge he ever had of any Design, or Plot whatsoever against the King's Person, Life or Government; The Witnesses were these.

[Page 87] John Porter, a Protestant attested, Page 120. &c. 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, Pag. 122. a Protestant and Barri­ster at Law, 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, Page 152. the Managers produced one Mr. Powel and Mr. Arnold, who deposed, That Tur­bervil [Page 88] 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.

UPon these Testimonies of Mr. Por­ter and Mr Yalden, The Managers 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 Ship-wrack 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 [Page 89] Turbervil. For it is granted, that Tur­bervil hath said and Sworn, both to Powel, Arnold, and the whole Houses 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: Page 109. That during the Fortnights acquaintance with my Lord at Paris, he had, by means of the Priests, frequent access to him, at his Lodgings there. Now my Lords 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, Thomas Mort was called, who deposed, Page 131. ‘That he being at Paris and desirous to re­turn into England, Turbervil told him, his Brother the Monk, had introdu­ced him into the Favour 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 [Page 90] to Diep, but finding no Yacht there, Turbervil told him, If they went to Calais, they might go over with my Lord from thence in the Yacht.’ At last they lighted 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 Lords Lodgings, or Com­pany at Paris, or else-where, he could not say▪

UPon these Testimonies, the Man­agers made this Observation, viz. The Priests had such a transcendent In­fluence over my Lord, as might gain ad­mittance for any whom they pleased, not only into my Lords House, but also into my Lords Heart, without the privity or know­ledge of his Servants. Now it plainly ap­pears by the attestation of Mort, that Turbervil, through his Brothers the Monk's means, was become my Lords Favourite.

To which the Papists answer: It is not proved, either that the Priests had such a transcendent Influence over my Lords House and Heart, or that Tur­bervil through their means, became a Favorite. 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 [Page 91] 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 but proofless Fictions to make all out: Yet to come more close to the present Evidence. Had the Papists 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 said) 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 [Page 92] being then (as he said) immediatly 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 Circumstances should not know these Servants, nor be known, or so much as once seene 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, Page 108. he ne­ver had the Gout in all his life; his Ser­vants also who then lived with him, 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 Stamford testified; made him sometimes formerly (though never at Paris) walk with a Staff.

UPon these Testimonies, the Mana­gers 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 material to the main Accusation, yet he that [Page 93] shall wilfully Perjure himself in any one Circumstance; ought not to be credi­ted in the whole; Seing 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 Frjers, 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, Page 113. lay in the House of the Earl of Powis, 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.

[Page 94] Page 181.UPon these Testimonies, the Mana­gers made these Observations, First, Though Turbervil might per ad­venture (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 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, [Page 95] 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 he 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 his Infor­mation, he altered the aforenamed Date, and instead of (73.) caused to be inserted (72.) And instead of (76.) caused to be inserted (75.) which Al­teration, my Lord affirmed, Page 180. 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 Rectifie such a mistake the very next day after it was committed, denotes rather Tenderness of Conscience then Perjury in Turbervil.

To which ihe 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: If the first, he is Perjured in the Alteration; [Page 96] If the second, he is Perjured 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 Thoughts, 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.

Page 112SIxthly, 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, nor by the way of Calais; But by the way of Diep, a Month after Count Gramount was in England ▪

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

[Page 97]UPon these proofs of Perjury, the Managers made this Observation. Page 182. When Mr: Turbervil Deposed, That My Lord came over by the way of Calais in Company of Count Gramount; it could not be his Intention to say this as a mat­ter of his own knowledge, seing he him­self in the same Affidavit tells us, He came away before my Lord, and had not his passage with him: But 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 Gramount: Now that Mr. Turbervil was thus informed, is evident, as well by the Letter which (he saith) he received at Diep from my Lord, as also by the aforementioned Attestation of Mort who saith, that being at Diep, Tubervil 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.

To which the Papists answer: To ex­cuse a man from Perjury, by preten­ding an occult 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 [Page 98] of an Oath, and elude all proof of Perjury whatsoever: Mr. 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 hear-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 [Page 99] to Mort, a Person in the same condi­tion, and who, had the same purpose with himself. Hereupon Mort and he goes 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, received 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 Consederate 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 [...]he whole course of Turbervil's Evi­dence.

[Page 100] Page 101.SEventhly, Turbervil in the last men­tioned Information positively Swore: That the Lord Castlemain was present at certain Traiterous Consults at Powis Castle, several times within the years (72) or (73.) Now my Lord proved, that the said Earl of Castlemain 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 1 st. (72. Page 116.) Stilo novo, where he remained three Weeks; and from thence arri­ved at London, January 24. Stil' ver', 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 Man­agers made this Observation [Page 101] Mr. Lydcot the Fellow of Kings Col­ledge (as he call'd himself) was indeed so out in his Arithmetick, so mistaken in the year; And used the Roman stile (or date) so much more then the English. That they suspected he was not so great a Protestant as he pretended to be.

To which the Papists answer: That a Solid Witness ought not to be Ralyed out of his Evidence, in a matter of Life and Death; Mr. Lydcot, (however skilled in Arithmetick, 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 Decemb. (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 trifling 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, Jones, Page 154. Hobby and Scu­damore, Deposed; That they knew Tur­bervil, [Page 102] 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 Managers 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 entirely abandoned and detested by all Mankind, as not to find four Per­sons in the World who will make a fa­vourable [Page 103] 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 wheras 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 [...] [Page 100] [...] [Page 101] [...] [Page 102] [...] [Page 103] [Page 104] 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 syllable of the Plot.

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

IN this sort passed and ended the Particular Evidence, given as well by the Managers 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.

Page 163. The sum of my Lord's Plea as to matters of Fact.First, ‘He pleaded his Age, his want of Endowments, his Exhausted Spirits and strength in his 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 [Page 105] 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, Caresses, and Allure­ments of Gain, and Applause, they find in their new Employment. He alledged their Subornation of others, to make good their Forgeries; Their baere 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 handle those Lyes together.’

And having thus summed up his De­fence, as well as a weak Old Man, Pag 167. &c. har­rassed and spent with five days Plea­ding. And (as he said) depriv [...]d of Sleep, could do on a suddain; ‘He cast him­self into their Lordships hands de­siring [Page 106] 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, 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?

P 199. &c. The sum of the Evidence against my Lord.WHen my Lord had ended his Queries, the Learned Man­agers those dexterous Masters of Law [Page 107] 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 six 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 of this Tryal; That there never was any such general Design▪ any such [Page 108] 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 further argued, It was necessary this great Design of the Papists should be managed by the g [...]atest Persons amongst them; Now my Lord 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 in­fered, 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 [Page 109] (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 Wittnesses 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, They had amply proved by their Witnesses, Page 17 [...]. That the Priests and Jesuits, in their Sermons and Discourses, had justified the lawfulnes, and incited their Votaries, to the practice of Treason, Rebellion, and Murder of Heretick Princes; Con­formably hereunto, whenever my Lord undertook any Treasonable Design, 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 them, then it was he uttered [Page 110] the Treason of Killing the King. These notable Circumstances must needs (said 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 [Page 111] 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.

[Page 112] Page 184.THe Managers likewise argued, It was impossible there could be a Con­trivance amongst the Witnesses them­selves, to depose the same Crimes against my Lord, seing 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 concur 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 [Page 113] 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.

THe Managers argued, Pag. 151. 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 Bed­low 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 [Page 114] 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 discanted 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.

Answer to my Lord's Plea in mat­ters of Law.THus, 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 [Page 115] 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? 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 believ'd 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 Of­fice of Profit or Dignity) would much [Page 116] 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 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 Managers, 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 seing he was to be Ac­quitted, or Condemned by their Lord­ships Judgments; He knew they would lay their hands upon their Heart, Consult their Consciences, and their [Page 117] 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, [...]ong 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 In­nocence; 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 [Page 118] 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 Strafford, 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 entirely 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 Lord's, the Managers returned for answer: That his Lordship's 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 Precedent.

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 Lord High Steward collecting the Votes, my Lord Stafford was Pronounced Guilty, by fifty five Votes against thirty one.

When the Votes were pass'd, the Lord High Steward, declar'd to the Prisoner, He was found Guilty of High Treason, whereof he was Impeached. To which my Lord Stafford answer'd, God's holy name he praised my Lord for it. Then the Lord High Steward ask'd 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 murmer 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 [...]athetick Speech; wherein after some refle­ctions upon the Plot in General, he [Page 120] descended to my Lords Case in par­ticular; And then advised his Lord­ship (as now a supposed guilty Person,) to bethink himself of the State and Condition he was in▪ Of his Religion and Guides, His Relati­ons imputed to him as the Cause of his Guilt. 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.

Page 214. The Sen­tence:THe Judgement of the Law is, and the Court doth award it, That you go to the place from whence you came, from thence you must be draw 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 you SOƲL.

[Page 121]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 bak 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 Peincples of Faith and LOYALTY.

DOubtless the thing which most weighed to my Lords 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 Religion 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 his Religion from (as the Papists say) injurious Aspersion, Protested and De­clared in the ple [...]ence of Almighty God, and their Lordships his Judges; Page 54. ‘That he hated and detested such Principles, as he did Damnation to himself; And [Page 123] 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, Page 53. 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 to be 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. Cannon and Definition of which Council is this: Quilibit Tyran­nus [Page 124] potest & debet licité & meritorie 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 jundit ùs tollere, declarat & definit, hu­jusmodi Doctrinam erroneam esse in side, & in moribus, ipsamque tanquam Hae­reticam, Scandalosam, & ad Fraudes, Deceptiones, Mendacia, Proditiones, Perjuria, vias dantem, reprobat, & con­demnat. Declarat insuper & decernit quod pertinaciter Doctrinam hanc per­niciocissimam asserentes sunt Haeretici, & tanquam tales jnxta Canonicas Sanctio­nes puniendi. Englished thus, Every Tyrant lawfully and meritoriously, may and 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 [Page 125] 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, or 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 [Page 126] all Rule and Superiority; The Wickles­fists 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.’

[...]bid.My Lords 4 th. Testimony, 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 [Page 127] 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 le 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 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 [Page 128] 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 in to 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 dependent on God alone, hinder­ing 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 Sorban the 4 th. of April 1626.’

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

[Page 129]MY Lords fifth Testimony was taken from a little Treatise, Ibid. 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 Tu [...]k's Alcoran should in like manner be urg'd upon us and we hang'd up for Mahometans, 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 abominate 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 [Page 130] 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 fore­mentioned 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 Faith, or not: If they be, what fur­ther can be required of us, then 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 there be, of what Religion soever, who hold such Tenents, suffer for them: Why should the Innocent be involv'd with the Guilty? there is neither Reason nor Justice in it.

An Obje­ction.Hereunto some Persons (I hope out of zeal and mis-information, rather than malice) stick not to say, that [Page 131] 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; Answer'd. First, It is in the highest measure cen­sorious in any one, to impose upon all our Ancestors, 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 entangle 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 [Page 132] 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. The intent of this Epi­stle. To satisfie the world, and clear my­self, 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.

Redemption in Christ,1. THe Fruition of God, 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.

applicable by Faith.2. These Merits of Christ are not applied to us, other­wise that by a Right Mar. 16.16. Heb. 11.6. Faith in Christ.

Which is but one▪3. This Faith is but Eph. 4.4. &c. One, entire and conformable to its Obiect, being Divine Revelati­ons; to all which Jam. 2.10. Faith gives an undoubted assent.

Supernatu­ral.4. These Revelations contain many Mysteries 1 Cor. 1.20. Mat. 16.17. transcen­ding the natural reach of Hu­mane Wit and Industry: Where­fore,

By the Di­vine Provi­dence to be learnt.5. It became the Divine Wisdom and Goodness, to pro­vide Man of some Isai. 35.8. way or means whereby he might ar­rive to the knowledge of these Mysteries; Means Joh. 9.41. visible and apparent to all; Means Mat. 11.25. [Page 134] proportionable to the Capacities of all; Means John 15.22. sure and certain to all.

Not from private In­terpretation of Scripture.6. This way or means is not the reading of Scripture, inter­preted according to the pri­vate 2 Pet. 3 16. Pro. 14. 12. Mat. 22.29. Reason or 1 Jo. 4.1. and 6. Prov. 12.16. Spirit of every disjunctive Person, or Nation in particular; But,

7 It is an Attention and Mat. 18.17. Luk. 10.16. Submission to the Doctrine of the Catholick or Ʋniversal Church, but from the Universal Church, di­lated, con­tinued and guided by the Holy Ghost for that end. established by Christ for the Instruction of all; Psal. 2 8. Isa. 2 2. &c. 49.6. Spread for that end through­out all Nations; and visibly continued in a Succession of Pa­stors, and People throughout all Ages: From which Ghurch Mat. 5.14. 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

This Church is the same with the Roman Ca­tholick.8. This Church, 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 [Page 135] Government, is that self same which is termed the Roman Ca­tholick Church; The Qualifi­cations abovementioned, ( viz. Ʋnity, Indeficiency, Visibility, Succession, and Ʋniversality,) being applicable to no other Church, or Assembly whatso­ever.

From the Testimony of which, we believe the Scripture to be Gods word.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,

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

[Page 136] What Heresie and what Schism!11. As an Obstinate Sepera­tion 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, 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: How Mat­ters of Faith are proposed by the Church. First, and chiefly, By the Joh. 5.39. Holy Scripture, in Points plain and Intelligible in it. Secondly, By Acts 15. per toto. 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 J [...]m. 2▪ 18. Practice, Worship, and Ceremonies, Confirming her Doctrine.

PARAGRAPH II. Of Spiritual and Temporal Authority.

1. GEneral Councils (which are the Church of God, What is the Authority of General Councels. 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. per toto. Luk. 10.16. Hebr. 13.7.17. ex­plain and ascertain unto us, Gal. 1.7.8. 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 as such, oblige, under pain of Heresie, all the Faithful, to a Submission of Judgment. But,

An Explana­tion of the same Autho­rity.2. It is no Article of Faith to believe, That General Coun­cils cannot Err. either in mat­ters of Fact or Discipline, alte­rably by circumstances of time and place; or in matters of Speculation or Civil Policy, depending on meer humane [Page 138] Judgment, or Testimony. Nei­ther of those being Divine Re­velations 1 Tim. 6▪ 20. deposited in the Catholick Church; in regard to which alone, she hath the Joh. 14 16. promised Assistance of the Holy Ghost. Hence it is dedu­ced,

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

A second Deduct on concerning the same.4. The Subjects of the King of England lawfully may, 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 [Page 139] Heretical, taking the Word Heretical in that connatural, genuine sense, it is usually understood in the Catholick Church; on account of which, and other Expressions (no wise appertaining to Loyalty) it is, that Catholicks of tender Con­sciences refuse the Oath com­monly called the Oath of Al­legiance. Of the Oath of Allegi­ance.

The Bishop of Rome Su­preme Head of the Church but not In­fallible.5. Catholicks believe, That the Bishop of Rome is the Suc­cessor of St. Peter, Mat. 16.17. Luke 22.31. Joh. 21.17. Vicar of Jesus Christ upon Earth, and Head of the whole Catho­lick, Church; which Church is therefore fitly 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 be 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 Universal Accep­tance of the Church) oblige [Page 140] none under Pain of Heresie, to an interior Assent.

7. Nor do Catholicks as Ca­tholicks believe, Nor hath any Temporal Authority o­ver Princes. that the Pope hath any direct, or indirect Au­thority over the Temporal Power and Jurisdiction of Prin­ces. Hence, If the Pope should pretend to Absolve or Dispence with His Majesties Subjects from their Allegiance, upon ac­count of Heresie or Schism ▪ such Dispensation would be Vain, and Null; and all Catholick 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.

8. And as for Problematical Disputes, The Church not responsi­ble for the Errors of particular Divines. 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 [Page 141] Doctrine, King-Killing Doctrine Damnable Heresie. or Murder of Prin­ces, Excomunicated 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.

Personal mis­demeanours not to be im­puted to the Church.10. Personal Misdemeanors of what Nature soever, ought not to be Imputed to the Ca­tholick Church, when not Jus­tifiable by 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.

No Power on Earth can au­thorise Men to Lye, For­swear, Mur­ther, &c.11. It is an Article of the Catholick Faith to believe, That no Power on Earth can Licence Men to Lye, to For­swear, and Perjure themselves, [Page 142] 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.

Equivocati­on not al­lowed in the Church.12. The Doctrine of Equi­vocation or Mental Reservati­on, 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 recomended 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 oblig'd 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 [...] other­wise) an Authority left by Christ to Absolve such a Pe­nitent Sinner from his Sins: which Authority Christ gave to his John 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 [...]orgive, they are forgiven unto them, &c.

Of Satisfa­ction by pe­nitential Works.2. Though no Creature whatsoever can make Tit. 3.5. Condign satisfaction, either for [Page 144] 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. Psal. 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; in vertue of which a­lone, all our good Works find a grateful 1 Pet. 2.5. acceptance in God's Sight.

Indulgences are not Re­mission of Sins, but only of Canonical Penance.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 [Page 145] 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, Abuses here­in not to be charged on the Church. nor render matter of Derision, in prejudice to her Faith and Do­ctrine.

There is a Purgatory or State, where [...]ouls depart­ing this Life with some blemish are purified.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, Num. 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. 24.6. Ma [...]. 12.36, and 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 Admittance into Heaven; where nothing that is Rev. 21 27. [Page 146] defiled can enter. Further­more,

5. Catholicks also hold, That such Souls so detained in Pur­gatory, Prayers for the Dead a­vailable to them. 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 Soul 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, Superfluous Questions a­bout Purga­tory. and Impertinent as to Faith.

Of the merit of good Works, through the merits of Christ.6. No Man, though just Jo. 15.51 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. [...] Cap. 5.1 [...] Cap. 10. [...] 2 Cor. 5. [...] 2 Tim. 4 [...] the good Works of a Just Man, pro­ceed [...]ng 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.

[Page 147] Christ really present in the Sacrament of the Evcharist.7. It is an Article of the Ca­tholick Faith: That in the most Holy Sacrament of the Eucha­rist, there is Truly, and Re­ally contained the Mat. 26 26. Mark 14 22. Luke 22.19. 1 Cor. 11.23, &c. Cap. 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 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, But after a supernatural manner. according to his natural way of Existence, 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 Bloud, not exposed to the external Senses, nor Obnoxious to corporeal Con­tingences.

Whole Christ in ei­ther species.9. Neither is the Body of Christ in this Holy Sacrament, [Page 148] Separated from his Bloud, 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; Hence Com­municants under one kind, are no wise de­priv'd either of the Body or Bloud of Christ. 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,

Of the Sacri­fice of the Mass.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; Luke 22.19, &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 He. 13.10. Altar, by a distinction of the Symbols. Jesus therefore is here given not only to us, but Luk. 22.19. for us: and the Church thereby enriched with a true, proper, and propitiatory Mal. 1.11. Sacrifice, usually termed Mass.

[Page 149] Worship of Images wrongfully Imposed on Catholicks.11. Catholicks Renounce all Divine Worship, and Adorati­on of Images or Pictures Luke 4.8. God alone we Worship and Adore; nevertheless we make use of Pictures, and place them in Ex. 25.18. 1 Kin. 6.35. Luke 3.22. Numb. 21.8. Acts 5.15. Churches and Orato­ries, to reduce our wandring 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, Yet there is some Vene­ration due both to Pi­ctures, &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 Prototypes, or things represented. In like manner,

12. There is a kind of Ho­nour and Veneration Respe­ctively due to the Bible: And other sacred things to the Cross, to the Name of Jesus, to Churches, to the Sacra­ments, &c. as Jos. 7.6. Exo. 3.5. Psal. 99.5. Phi. 2.10. Luke 3.16. Acts 19.12. things pe­culiarly appertaining to God; also to the Jo. 12.26. glorified Saints in Heaven, as the Domestick [Page 150] Friends of God; yea, 1 Pet. 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,

Prayers to Saints law­ful.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; that seeing God, they 1 Co. 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 Chro. 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, then it is for one Christian to beg the Prayers and Assistance of Ro. 15.30. another in this World. Not­withstanding all which, Ca­tholicks are taught not so to [Page 151] Relie on the Prayers of others, as to neglect their own James 2.17.30, &c. Duty to God: In Imploring his Divine Mercy and Goodness: Yet so as not to neglect our Duties. Ro. 13.14. 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.

A conclusion from the pre­mises.THese are the Principles, These the Treasons, These the Idolatries, and Superstiti­ons, which, though no other then what We have Received of our Fore-fathers, and what the greatest part of the Chri­stian World now profess: yet have drawn upon Us poor Ca­tholicks in England such Dread­ful Punishments. I beseech you Sir, consider our Cause, 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 [Page 152] our Duty to God and the King.

An Objecti­on Answer'd 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, 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 Practised Princi­ples of Loyalty, at a Time, when the King and Kingdom felt the Dire Effects of contrary Perswasions.

Catholicks suffer for the [...]r Religi­on: Their Sufferings not unlike to those of Christ our Lord.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, not unlike to those of Christ our Lord: [Page 153] For it was laid to his Charge, as it is to Ours, that he was a Traytor to Luke 23.2 Caesar; That he perverted the People, and endeavoured the John 11.48. Destruction of Church and State: Nor were there wanting, then as now, an Oates and Bedloe, Mat. 26.60. two false Witnesses to Swear all this.

Thus God, I hope, Rom. 8.29. Verse 17. 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 agreable 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 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 Neighbours might be of the same Re­ligion [Page 155] 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 favour 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, conceived 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 Kensington, as to the Duke of York, concerning some [Page 156] 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 Shaftsbury, 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 fit without any further Examination to remand him back to the Tower.

On this occasion, there run about both Town and Countrey an universal Rumour, 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, [Page 157] 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 Recolection 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 vertu­ous 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 Abyss 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. Mat. 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 Ex. 3.14. essence is to live▪ Coll. [...]. In whom, [Page 159] with whom, and by whom; you shall enjoy all that is Exod. 33. good; all that is lovely; all that is pleasant: And this enjoyment shall be in all its fulness', altogether, all at once; without Interuption, 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 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 entred into the heart of man. The Vir­gin Mother shall meet and conduct you to her beloved Son; The Apostles, Martyrs, and Confessors, shall receive and accompany you; And all the bles­sed Choirs of Saints and Angels shall Celebrate your victory, and Luke 15. Sing Halleluja's to their Celestial King for his unspeakable goodness to you.

My Lord, You were made for the enjoyment of God, and now you ar­rive [Page 160] 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 Luk. 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 1 Joh. 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. [Page 161] Thousands for the Espousals of Love; Let nothing either past or present de­ject you: nothing disturb you, nothing retard you: Joh. 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? Mat. 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 [Page 162] Pardon. Luk. 7.47. Many sins are forgiven her [saith our Saviour to Magdalen] be­cause she loved much; to him that loveth less, less it forgiven. Now what it is to love much, he himself sheweth, say­ing, Joh. 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 loseth his Life for me, shall find it.

First therefore, acknowledge your faults, with a Penitent heart, and firmly believe what the Scripture a­voucheth. 1 Joh. 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 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, Luke 7 48, and 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, [Page 163] 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, Psa. 68.5. The Father of Orphans, and Judge of Widows. As he Exod. 20 5. punisheth to the fourth Generation of then that hate him; So he blesseth, unto thousands of them love and follow him. Assure your self, my Lord, That for this one He­roick Act, of giving your Life Mat. 5.10. for Justice, for Innocence, for God, and Religion; you will not only secure your self everlasting Salvation, but draw upon your Family and Posterity, Thousands of Benedictions. The Ju­stice of our Lord (saith David, Psal. 103 17 upon the Childrens Children, of them that keep his Covenant. Again, Psal. 112.1. Bles­sed [Page 164] 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. 39. 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. Joh. 11.25. I am the Resur­rection and the Life; He that believeth in me, shall not dye for ever. Isai. 43.1. Fear not, for I have redeemed thee; I have called thee by thy name, thou art mine; Cap. 41.10. 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 [Page 165] 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 glorifie him, with length of days will I replenish him, and will shew him my Salvation. Jer. 31.3 In perpetual charity have I loved thee; therefore I have drawn thee to me, tak­ing Compassion on thee. Psal. 73 26. My heart and my flesh hath fainted. O God of my heart, my inheritance, God for ever. Joh. 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 not forsake me, neither despise me, O God my Saviour. Psal. 31.1. In thee O Lord have I trusted, let me not be confounded. Joh. 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 gain. Verse 23. I desire to be Dissolved, and to be with Christ. Psal. 30.5. Into thy hand O Lord I commend my Spirit. Mat. 25.34. Come ye bles­sed of my Father, possess the Kingdom prepared for you. Luk. 23 43. This day shalt thou be with me in Paradice.

[Page 166] Rom. 15.13. The God of hope fill you with all Joy, 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 repos [...], he bestow­ed part in the enterta [...]nment 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 or dejected on his account. For this reason his sad and disconsolate Lady (w [...]o alone touched his heart, and who could no longer support the weight of her affliction) was forced en­tirely to absent herself, from him the day before his Passage out of this World.

Some moments likewise he allowed to give his Adieu by Letters to his nearest Relations; particularly to his aforesaid most Dear Lady, whose in­comparable [Page 167] 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 most 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 hew 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 sincerly 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 [Page 168] 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 Mr. Lieutenant 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 knows 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 humble Pardon for all my great Sins, [Page 169] 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. The second Letter to his Lady.

My most dear and loving Wife,

‘IT hath pleased God of his infinite mercy, 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 [Page 170] 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 she, 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 [Page 171] bear your name, and now is returned unto the name of’

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

‘GOD of his mercy, Another to his Son He­nery now L. 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 all 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 fit for you to [Page 172] do: So again beseeching God to Pro­tect you and Govern you in Righte­ousness, I am’

Your most loving Father. William Howard.
Good Child,

‘ For my Son Francis.THe Condition I am in is such, 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 Prayer of’

Your affectionate Father, William Howard.
Good Daughter,

For my Daughter Ʋrsula. I Know you will bear what happens un­to me with Patience and Resignation: 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. For My Daughter Delphina. Your poor Old Father hath this comfort, 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 troubled 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 Chancellour being High Steward; my Tryal continued until that day, seven-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 Saviour 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 [Page 175] 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 forgive them, I do it willingly.

HOw extremly should I think my self bound to the King, Another No [...]e. if in this Condition that I am brought into by the Perjury of Villains that Swore falsly for Gain, 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 E­ternal Punishment. And of his infinite mercy hath been pleased to preserve me thus long from his just Judgment: 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 [Page 176] 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 acknowledge 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 on 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 Eternity, Amen.

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 [Page 177] acknowledge most dear Lord, that I love my Wjfe 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 then 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, Psal. 9.9. and Salvation to all our Souls. I rejoyce to have so dear a Pledge to Offer and present thee, for all thy blessings, and benefits bestowed up­on Ʋs; and for thy sake, who off e [...]dst 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 Altar, 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, [Page 178] O Holy Mary Mother of God; all ye Holy Angels and Saints in Heaven make Intercession for me, that what I deserve not of my self, may by your Inter­cession be bestowed upon me. Amen, Jesus. Amen. Psal. 84.9. Psal. 51.10. Grant and ratifie 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 29th. 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; Psal. 181.24. After which turning himself to his almost dead-struck Lady, he said, Let us go to our Prayers.

UPon this occasion also he writ a little Schedule containing these words: Another Note. In the name of the Father, and of the Son, and of the Holy Ghost. 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.

[Page 179]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 interiour Quiet, and serenity he seem'd to enjoy: 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 flie in the face of a guilty Con­science. A man who hath warning and leisure deliberately to consider, he is now upon the point of being justly 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, [Page 180] 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 deserv'd. 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 Saviour, I hope will mercifully grant me a place▪ (though [Page 181] the lowest) in Heaven, God grant it; And bless you, and Ours.

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

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

WHen the hour appointed for his Death drew near, he expect­ed 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 to grieve for him▪ for this was the happiest day of all his Life; then he immediatly went down, and [Page 182] walked along by the Lieutenants Chair (who had the Gout) through a lane of Soldiers to the Barrs without the Tower. There the Lieutenant delivered him to the Sheriff [...], and they from thence Guarded him to the Scaffold e­rected on Tower-Hill. All the way as he passed, several thousands of People crowded to see him▪ many civilly sa­luted him; and few there were, a­mongst that vast [...]ber, whose hearts were not a li [...] [...]ched 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 [...]a [...]e with so undaunted a Resolution, as gave many occasion to say; Gr [...]e had left in him, no Resent­ment [...] [...]f [...]ature. After a short pause, viewing th [...] People, and finding them attend [...] [...]o what he should say, he step [...] 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 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 be the Ori­ginal Cause of my being thus Accused, since I knew my self not Culpable, so [Page 184] 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 Soveraign Princes, Excommunicated by the Pope, may by their Subjects be De­posed or Murdered: As to the Murder 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: 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 [...] Judgment, That the same Doctrine of Deposing King [...] is contrary to the [...] a [...] Lawpunc; of this Kingdom, In­jurious [Page 185] to Soveraign 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 unfitting there, or contrary to the Law and Ʋse of Parliaments: 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 [Page 186] 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 loose 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 [Page 187] now I have through the Merits of Christ Jesus.

I do beseech God to bless his Majesty, who is my Lawful King and Soveraign, 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 altogether, 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 those Fellows, that by their Perjuries have brought me to the place where I am, I so much abhor to be the cause of any 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 as 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 [Page 188] 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 [Page 189] 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 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 sav'd 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 Concience, 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 two much a Party to say much of it; if it were not so, God forgive him or them that were the cause of it.

[Page 190]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 to 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 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 to; I do freely for give 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 [Page 191] that were the cause of it, with my last Breath. I do with my last Breath truly assert my Innocence, 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 m [...]i, & secundum multitudinem miserationum tuarum dele iniquitatem meam. Si Peccata mea magna sunt, major est mi­sericordia tua: Si mult [...]ae, inf [...]itae sunt miserationes tuae: Si ego commisi, unde me possis condemnare, Tunon amisisti, un­de potes, & soles salvare. Credenti in potentiâ tuá, & dicenti, Domine si vis, [Page 192] 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 a faciê tuâ, & Spi­ritum sanctum tuum ne auferas à me: Sed redde mihi laetitiam Salutaris tui, & Spiritu principali confirma me. Tu dixisti, dulcissime Jesu, Convertimini ad me, & ego convertar ad vos: Ego me, ex toto corde meo, ex totâ animâ, ex totâ mente me â, converto ad te: Converte te igitur misericordissime, ad indignum sa­mulum tuum quem pretioso sanguine rede­misti. Tu dixisti, Omnis qui confite­bitur me, coram hominibus confitebor, & 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, & confiteri coram patre tuo, qui in Coelis est. In tuâ 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 face igitur, in id ipsum dormiam & requiescam, quoni­am [Page 193] tu Domine, singulariter in spe consti­tuisti me. Amen, Jesu, Amen.

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, Psal. 51.12. 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, Math 8.23. and said, O Lord, if thou wilt, thou canst make me clean; Thou presently answe­redst, I will; Be thou clean: I believe, what he believed, I hope, for what he hoped, I Implore, what he Implored. Psal. 36.3. Jer. 17.14. 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, Psal. 89.2 Ps. 50.13.14 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 [Page 194] with thy Principal Spirit Confirm Me. Thou hast said, O most Sweet Jesus, Turn to Me, Zach. 1.3. and I will turn to You: I turn myself 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, 1 Pet. 1.19. 1 Jo. 1.7. whom thou hast re­deemed with thy most Precious Bloud. Thou hast said, Mat. 10.32. Every one who shall con­fess me before Men, I will confess him be­fore my Father which is in Heaven. I, Living Confess thee, and thy Holy Ca­tholick Religion, and through 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. Into thy Hands I commend my Spirit, Luke 23 46. who dying didst commend thy Spirit into the Hands of thy Eternal Father In peace therefore, Psal. 4.9. and 10. in that one thing, will I Sleep and Rest; because thou, O Lord, hast singularly Established me in hope. Amen, JESƲS, A­men.

[Page 195]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 w [...]lling 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, and [Page 196] 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 Kings 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.

Whilst he thus professed his Loyalty, 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; [Page 197] 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 allows 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 to 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 he now being ready for Death, both in Body [Page 198] 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 cut them lower. Whilst this was p [...]rform­ing, 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 his Prayer, and expecting the suddain and dismal arrest of Death, with a courage (say the Papists) Di­vinely Elevated, a 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 [Page 199] 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 he done, I am ready. The Head's man said, I hope you will 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 Head's 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 Lords 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. [Page 200] 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 Ploud-drop­ing 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 Judgements ensuing Perjury, and Bloud-shed. Some again said, My Lord was Drunk with Brandy; Others said; Verily This was a just Man. Luk. 23.48. The Papists who best knew his Innocence; And who looking upon themselves as in some measure Parties in his Sufferings; be­held this whole Tragedy with most ten­der Resentments. They regarded him as a Victim 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 Joye [...]. 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 [Page 201] grace, and presence of Cod'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 frowned at Popish Guilt, but seemed pleased when Justice was done. The Pa­pists say, The Heavens Mourned 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 had desired he might not be stripped naked on the Scaffold.) In the interim, divers Persons threw up their Handkerchiefs, to have them dipt in my Lords Bloud, wherein some were Gratified, and others had their Handkerchiefs thrown with Derision over the Scaffold [...].

[Page 202]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 its 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 adde, 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, as it were in an Extasy, O the depth of the riches both of the Wisdom and Knowledge of God; Rom. 11.33. How unsearchable are his Judgments, and his ways past finding out; Who could [Page 204] 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 is in so fatal a conjun­cture, as to confound, and destroy by o­pen Perjury each others Testimony? My Lord (as you have seen) endeavour'd 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 produc'd many Substantial Witnesses, both Catho­licks and Protestants in his behalf: No­thing seem'd 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 205]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, appeard 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 Surprise, 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.

[Page 206] Page 18. &c. Stephen Dugdale Swore, 1 st. 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 E. Godfreys 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. 2ly. 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.

Page 23 &c. Turbervil Swore, He heard Colledge say; 1 st. That there was no good to be ex­pected from the King; For that he and his Family were Papists, and had ever been such 2 ly. That his Party would Seize the King, and secure him, till he came to those terms they would have of him. 3 ly. That the Parliament which cut off the late King's Head, did nothing but what they had just cause for, &c.

Page 27. Smith Swore, 1 st That Colledge told him, There were Moneys collected to buy Arms and Amunition 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. 2 ly. That Colledge [Page 207] 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.

AGainst Dugdale, Oates deposed; Page 49. &c. That the said Oates discoursing upon occasion with Dugdale concerning his be­ing an intended Evidence against my Lord Shaftsbury and others ▪ Duglale 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 [Page 208] 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.

Page 50.In opposition to this Testimony 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; 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.

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

Page 48.AGainst Turbervil also, Oates gave Ev [...]dence in these words▪ 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 [Page 209] 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 ask'd 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 Damn him, He would not starve. These very words he several times repeated; But when I ask'd him, what he had sworn? he said, I am not bound to sa­tisfie Peoples curiosities. Upon the words 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-Club, he should be received with a great deal of [Page 209] kindness But never afterwards (said Tur­bervil) did I speak with the Dr. 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.

AGainst Smith, Oates gave this at­testation, Page 49 viz To my knowledge Mr. Colledge and Mr. Smith had some pro­voking words past betwixt them at Rich. Coffee-house. And Mr. Smith comes out, and swears, God Damn him he would have Colledges Blood; 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 Mi­nistry 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 t [...]o.

THis is the sum of the Evidence given as well by Dr. Oates against Dug­dale, Turbervil and Smith; as by Dug­dale, [Page 210] 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, Sincerely; 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 agaist 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 belief, 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, Page 50. That Dr. Oates should come in, against these men that supported his Evidence before. And Mr. Serjeant Jefferies rightly incul­cated to the Jury; If Dugdale, Smith and [Page 212] Turbervil, Page 94. and 97. 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 Doscoverer; 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 Perjured Men.

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 [Page 213] 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 concurrence 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, when, nor how they swear. And my Lord Stafford had just Cause to say, Pa [...]e 45. 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; & now made use on to sham off the Popish Plot, by turn­ing it upon the Presbyterians; Wherefore though credit may be given them when [Page 213] 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? 2ly. What the least Argument, or Appear­ance, is there, that Dugdale, Smith and Turbervil are Papists, or [...]opishly 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 Supererogation, ( the Symptoms 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 prov'd in this Tryal.) And is it possible the Papists should [Page 214] employ, 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? Indeed if any of the Witnesses against my Lord Stafford be Po­pishly affected, it is Dr. Oates, whose pre­sent disparagement of his fellow Evidence, Page 90. look [...] (said Mr. Sollicitor General) as if he were again returning to St. Omers.

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 D. Oates.

It is answered: 1 st. 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, publick Acts of Hostility, in the very presence of the King, yet with­out his knowledge or authority; which by the Law is adjudged Treason. 2 ly The Pa­pists do not undertake to make good Oate's Charge of Perjury against Dugdale, Smith and Turbervil; Nor theirs, against him: But only to shew, that the guilt of this hor­rid [Page 216] 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, as his Pedants and Accessaries in the Imposture; Or (as is most rational) upon both, and all of them: It follows, 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 29 Verse 22. ‘Out of thine own Mouth will I Judge thee Thou Wicked Servant.’

THus I have here Briefly and Impartially set down, what occurs 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.

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