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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34573	Stafford's memoires, or, A brief and impartial account of the birth and quality, imprisonment, tryal, principles, declaration, comportment, devotion, last speech, and final end, of William, late lord viscount Stafford, beheaded upon Tower-hill on Wednesday the 29. of December 1681 hereunto is also annexed a short appendix concerning some passages in Stephen Colleges trial.	Corker, James Maurus, 1636-1715.	1681 (1681)	Wing C6306; ESTC R20377	92,206	80

Stafford's Memoires OR A Brief and Impartial Account OF THE BIRTH and QUALITY IMPRISONMENT TRYAL PRINCIPLES DECLARATION COMPORTMENT DEVOTION Last SPEECH and Final END OF WILLIAM late Lord Viscount STAFFORD Beheaded upon Tower-hill on Wednesday the 29. of December 1681. Published for Rectifying all Mistakes upon this Subject Wisd 4. Vitam illorum estimabamus insaniam Finem illorum sine Honore c. Hereunto is also annexed a short APPENDIX concerning some Passages in STEPHEN COLLEDGES TRIAL Printed in the Year MDCLXXXI The INTRODUCTION IT is a wonder to see how Passion and Interest predominate over Reason in Mankind Nothing is done nothing said without some tincture of either or both Even common Occurrences are usually related as Men would have them to be rather then as they are Plain-dealing is almost fled And all things now a days whether Private or Publick Sacred or Prophane are according to different Inclinations without regard to Truth promiscuously made the Subject of a Satyr or Panegirick An obvious example of this we have in the several accounts given of the Tryal Declaration Demeanor and Death of the late Lord Stafford concerning whose Tragedy though acted for the most part in the face of the whole Nation yet there have flown about in a manner as many and those contradictory Stories as there are Relaters and such as know least commonly talk most to compleat the Error It is true the Printed Tryal set forth by Authority is no wise liable to these gross mistakes But it hath swelled in the Press by forms c. To so vast a volume that few can spare either money to buy it or time to read it Besides it is in a manner silent of matters chiefly designed for the Subject of this Treatise viz. My Lords Comportment Declaration Devotion Last Speech and other Occurrences which happened inclusively from the time of his Tryal to his final end Having therefore attained to a most exact and certain knowledge of these particulars I shall for the satisfaction of the curious and manifestation of Truth give together with an abstract of the whole Tryal and some occurrences concerning it a plain and sincere relation of what I know and can by unquestionable Evidence justify to be true And herein I shall also totally abstain from any the les● moralizing upon transactions whereby to forestal the Readers Judgment But contenting my self with a plain and candid Relation of things as I find them leave every one to the freedom of his own censure and verdict upon them SECT I. My Lords Birth Education Quality c. William Howard Viscount Stafford was second Son to Thomas Earl of Arundel and Uncle to the now Duke of Norfolk In his youth he was educated with all care and industry imaginable to improve in him the endowments of Nature and Grace And to speak truth he was ever held to be of a generous Disposition very Charitable Devout addicted to Sobriety inoffensive in his words and a lover of Justice When he arrived to years of maturity he married Mary descended from the ancient Dukes of Buckingham Grandchild to Edward and Sister and sole Heiress to Henry Lord Stafford To whose Title he succeeded being created by the late King Charles of Glorious memory Baron Anno 1640. And soon after Viscount Stafford During the time of the last bloody Rebellion he suffer'd much for his Loyalty to the King Always behaving himself with that courage and constancy as became a Nobleman a good Christian and a faithful Subject After his present Majesties joyful restauration he lived in Peace Plenty and Happiness Being blessed with a most Virtuous Lady to his Wife And many pious and dutiful Children In which state he remained till the 66. year of his age when happened this Revolution of his fortune as followeth SECT II. My Lords Imprisonment Charge and Arraignment c. ABout Michaelmas Anno 1678. Mr. Titus Oates formerly a Minister of the Church of England accused upon Oath before the King and Council and not long after also before the two Houses of Parliament several Roman Catholicks some Persons of Quality and amongst the rest the Lord Viscount Stafford of High Treason for intending and designing the Death of the King the introducing of Popery and subversion of the Government My Lord though he immediately heard of this Impeachment yet relying as he said on his own Innocence never left his Family nor withdrew himself from his ordinary known Acquaintance and Affairs till the 25th of October 78. when by Virtue of a Warrant from the Lord Chief Justice he was sent Prisoner to the Kings Bench and from thence soon after to the Tower where he remained above two years before he could be admitted to Tryal During this interval the whole Nation was surprized and allarm'd with the noise of an horrid Plot contriv'd by the Pope Priests and Jesuits wherein the King was to be murthered Armies raised Protestants Massacred and the three Kingdoms destroyed by Fire and Sword the People were affrighted searches made Guards doubled and all in an uproar The King hereupon consulted the Parliament and both Houses declared it a Plot. Yet to strengthen the Evidence as yet but weak and make farther discoveries Indempnities are promised Rewards proposed and encouragements given by Proclamation to any who would make out upon Oath the particulars of what in substance was already declar'd By this and the like sedulity of the King and three succeeding Parliaments several new Witnesses came in First Captain Bedlow Next Dugdale Prance and two others Bolron and Mowbray out of the North Then Mr. Jennison Smith Seigneur Francisco Dangerfield Zeile Lewis c. Lastly one Mr. Turbervile who together with Oates and Dugdale gave Evidence against this Lord Stafford of whom we now treat After two years Imprisonment when many Roman Catholicks both Priests and others had been Executed and most of the rest Imprisoned or fled At length my Lord was brought to his Tryal on the 30 th day of Novem. 1680. at the Peers Bar in Westminster-Hall the House of Commons being present and the Lord Chancellor High-Steward of England The Impeachment was drawn in the name of the Commons of England wherein my Lord was charged together with other Papists for having imagin'd and contriv'd to murder the King to introduce Popery and subvert the good Government of Church and State established by Law To this Impeachment my Lord being thereupon arraigned pleaded Not Guilty Allegations in proof of the Plot in general ¶ 1. THen the Cause was opened and the Commons Learned Counsel who were appointed Managers of the Tryal set forth the Charge in most Copious and Eloquent Language And beginning first with the Plot in general they shew'd to the life the Wickedness the Malice the Horror of so Dreadful Bloudy and Hellish a Design They strongly insisted on the express Positive Oaths of the Witnesses upon whose Testimony the credit of this Plot chiefly depended They amply dilated upon the Letters of Coleman

There are few who have not heard of the late Tryal of Stephen Colledge Sirnamed the Protestant Joyner a man very active in the Death of my Lord Stafford and a zealous defender of Dugdales Honesty He was Impeached Arraigned Condemned and Executed for High Treason In Speaking Treasonable Words And having by a designed combination with others appeared in Arms to Seize the Kings Person at Oxford The Witnesses against him were Smith Dugdale Turbervil Haines Mr. Maisters and Sir William Jennings It is not my intent here to Epitomize Colledges whole Tryal Nor to give my Censure or Verdict upon it But only to inform the Reader of some Passages which chiefly relate to the main Witnesses against my Lord Stafford And which are now become the Subject of Surprize and Astonishment to all Considering Persons Please then to Note That Stephen Dugdale and Edward Turbervil two of the Principal Witnesses upon whose Testimony my Lord was Found Guilty and John Smith otherwise called Narrative Smith who at my Lords Tryal seemed the only plausible Deponent as to the Plot in General gave respective Evidence against this Colledge at Oxford as followeth Stephen Dugdale Swore First Mr. Colledge told him That the King was a Papist That he was as deep in the Plot as any Papist of them all which the Papists themselves also confess That he had an hand in Sir Edmundbury Godferys death That he was a Rogue That nothing was to be expected from him but Popery and Arbitrary Government And that the Clergy of England were Papists in Masquerade Secondly That Colledge had framed several notorious Libels against the King to render him contemptible And raised Arms with intent to seize His Sacred Person at Oxford c. Turbervil Swore He heard Colledge say First That there was no good to be expected from the King For that he and his Family were Papists and had ever been such Secondly That His Party would Seize the King and secure Him till he came to those terms they would have of him Thirdly That the Parliament which cut off the late King's Head did nothing but what they had just cause for c. Smith Swore First That Colledge told him There were Moneys collected to buy Arms and Amuniton to bring the King to Submission to His People Adding thereunto That he wondered Old Rowley meaning the King did not consider how easily His Fathers Head came to the Block which he doubted not would be the end of Rowley at last Secondly That Colledge had provided himself of a great Sword Pistols Blunderbuss with Back Breast and Head-Peice And that he heard him say The City was provided and ready with Powder and Bullets That he would be one who should Seize the King in case he secured any of the Members of Parliament And that if any man nay even Rowley himself should attempt to seize upon his Arms He would be the death of him c. In direct Opposition to these witnesses Colledge produced Titus Oates the third principal Witness against my Lord Stafford And first Grand discoverer of the Popish Plot who gave attestation against the said several Witnesses after this manner AGainst Dugdale Oates deposed That the said Oates discoursing upon occasion with Dugdale concerning his being an intended Evidence against my Lord Shaftsbury and other Dugdale replied There is no body hath any cause to make any such report of me For I call God to Witness I know nothing against any Protestant in England But afterwards Dugdale having Sworn matters of High-Treason against Colledge before the Grand-Jury at the Old-Baily and being hereupon charged by Oates as having gone against his Conscience and contrary to what he had declared to him Dugdale answered It was all long of Collonel Warcup for said he I could get no money else And he promised I should have a place in the Custom House In opposition to this Testimony Dugdale Swore Vpon 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 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 Physician that cured him 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 AGainst Turbervil also Oates gave Evidence 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 break any ones head that should say so against him for he neither was a Witness nor could give any Evidence against him So after he came from Oxon I met with Mr. Turbervil again And hearing he had been there I asked him if he had Sworn any thing against Colledge He said yes He had been sworn before the Grand-Jury Said I Did not you tell me so and so Why said he The Protestant Citizens have deserted us And God Damm him He would not starve These very words he several times repeated But when I asked him what he had sworn he said I am not bound to satisfie Peoples Curiosities Vpon the word of a Priest said Oates what I say is true As I am a Minister I speak it sincerely In the presence of God This Gentleman did say these words to me which made me affraid of the Man And I went my ways and never spoke with him afterwards nor durst I For I thought He that would Swear and curse after that rate was not fit to be talked with In opposition to all which Turbervil swore That he met Dr. Oates just at his Lodgings And the Dr. alighted out of his Coach and spoke to him and invited him to come to his old Friends For he told him They had some Jealousie that he was not true to them And he farther told him If he would come to the King's Head Clubb he should be received with a great deal of Kindness But never afterwards said Turbervil did I speak with the Doctor a Tittle about any Evidence Vpon 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 viz. To my knowledge Mr. Colledge and Mr. Smith had some provoking words passed betwixt them at Richards Coffee-house And Mr. Smith comes out and Swears God Damm him he would have Colledges Bloud So when I met him said I Mr. Smith you profess your self to be a Priest and have stood at the Altar And now you intend to

them and that he would do him all the Kindness he could To which Dugdale answered Truly for his part though he had the misfortune to Live amongst Papists yet he never liked their Religion Then Mr. Whitgrave urged him home saying Sir you may do your self a kindness and oblige your King and Country I am confident you know of this Horrid Plot pray do not stifle your Conscience with an Oath of Secrecy Let it come out Dugdale replyed as he hoped to be saved be knew nothing of it Thomas Sawyer Attested That two or three days before Dugdale began to Impeach being then at Stafford under the Serjeants Hands for Debt he took a Glass of Drink in the presence of Sawyer and said Thomas I wish this may be my Damnation and my Poison if I know of any Plot or Priest UPon these Evidences the Mannagers made this Observation viz. That Dugdale 's denying and with Execrations forswearing any knowledge of the Plot is no manner of Objection for he Forswore it at a time when he never intended to reveal it and was in danger of his own Life but afterwards he changed his mind and discovered all to Southal and others To which the Papists answer It is very strange so palpable a Perjury proved upon Dugdale by so Substantial Witnesses in the whole System and Essence of his Testimony should be so slightly evaded Is it no manner of Objection to prove that Dugdale is Forsworn in his whole Discovery Must Credit be given to the Depositions of a man in a matter whereof he himself with dreadful Oaths and Execrations hath often protested the contrary Is the Conviction of Perjury by the Testimony of his own Mouth nothing Why because out of fear in his former Oaths he never intended to Swear Truth Is this a Rational answer Nay is it not rather perfectly demonstrative from what is already proved that for Fear for Lucre for Revenge for Liberty this man hath actually Sworn to express Coniradictions and will not stick upon the same motives to Swear any thing SEcondly Dugdale had determinately Sworn at Sir George Wakeman's Tryal as my Lord proved by two Substantial Witnesses the Lady Marchioness of Winchester and Madam Howard that the Meeting or Consult at Tixal mentioned in the Deposition wherein my Lord is said to have been present and Consenting to the Killing of the King was held precisely in the Month of August 78. Now my Lord proved he never was at or near Tixal during that whole Month nor came thither till the 12th of September following This he shewed by giving an exact Account where he was every Week and Day throughout that Month. The Witnesses who gave respective Evidence to each particular time and place were the Marquess of Worcester the Marchioness of Winchester Mr. Bonny White and Bevan Servants to the said Marquess UPon those Testimonies the Mannagers made these Observations First The two Ladies who gave Evidence to Dugdale's words spoken at Sir George Wakeman's Tryal were Roman Catholicks and Relations to my Lord. Secondly They did not agree in their Evidence with one another The Lady Marchioness saying Dugdale Swore that my Lord Stafford was to come down into Staffordshire in June or July and was present at the Consult at Tixal in August Madam Howard saying Dugdale Swore my Lord Stafford did come down into Stafforashire in June or July and was present at the Consult at Tixal in August Thirdly The said Ladies having much concern upon them for Sir George Wakeman the Popish Physitian they might easily mistake in what they heard Fourthly in the Printed Tryal There are no such words of Dugdale's mentioned To which the Papists answer To the first The two Ladies though Roman Catholicks are persons of that Quality and known Vertue as admit of no Comparison in point of Credit with the Witnesses produced against my Lord. That to Vilify my Lord's Witnesses because Roman Catholicks is contrary to Law and denotes an Exasperated mind willing to deprive Catholicks of a Just Defence To the second The different manner or Phrase the Ladies used in expressing themselves in point of Circumstance is not at all material seeing they both joyntly agree and determinately Attest That Dugdale Swore my Lord was at Tixal in August and then and there present at the Consult Which was the Substantial thing wherein my Lord proveth him Perjured To the Third A deep concern occasioneth an Attention rather then a Mistake And a pretence of a mistake in a positive Witness is an Evasion whereby any Verbal Testimony whatsoever may be eluded To the Fourth Catholicks have Experience that many considerable matters have been omitted or otherwise inserted in the Printed Tryals to the disadvantage of their Cause And as those Printed Copies though pleaded were never allowed to be good Evidence for them so ought they not to be alledged against them THirdly Dugdale Swears in his Deposition That at Tixal on the 20th or 21th of September 78. My Lord sent for him by one of his Servants to his Chamber in the Morning whilst he was Dressing which Servant also Dugdale Swears was either Mr. Furnesse my Lords Gentleman or George Leigh his Page And that when Dugdale came into the Chamber my Lord sent out his said Servants and being thus with him alone Offered him five hundred Pounds to Kill the King In direct opposition to these particulars my Lord proved by the Attestation of the self same Servants Mr. Furnesse and George Leigh that he never sent for Dugdale never was with him alone in his Chamber nor never dismissed his Servants for that end all that Morning For the evincing of which Mr. Furnesse my Lords Gentleman Attested That he about eight a Clock that Morning coming to my Lords Chamber met Dugdale in the Hall Dugdale desired him he would Intreat my Lord to Intercede to the Lord Aston his Master in his behalf that he might go to Etching Race Hereupon Furnesse went into my Lords Chamber and having spoken to my Lord as Dugdale desired my Lord bid him be called in accordingly Furnesse conducted Dugdale into the Chamber when he came in my Lord asked him several questions about the Race telling him he himself would bett Twenty Pounds for Staffordshire sake Then after some discourse to this purpose my Lord Stafford told him he would speak to his Lord for him during all which time Furnesse was present in the Chamber together with my Lord and Dugdale and heard the discourse between them When Dugdale had obtained his request he went out of my Lord's Chamber leaving Furnesse still there my Lord also as soon as he was drest went out of his Chamber to my Lord Aston to ask him leave for Dugdale bidding Furnesse make himself ready to go to the Race Furnesse accordingly made himself ready about Nine a Clock and coming down the Back-stairs my Lord Stafford met him Go saith he to Etching-hill and see what Betts there are and take Stephen Dugdale

Suborned to Perjury by Dugdale And therefore his clear and positive Evidence in this matter ought to stand good But let it be granted what the Mannagers contest for viz That because Morral was Poor Holt Quarrelsome and Robinson Infamous none of these three Witnesses ought to be believed What then will become of all the Kings Witnesses as they term them What shall we believe or say of them Are they Persons of Repute Riches and Honour Are they not rather the Scum and Refuse of the Nation Why must credit be denyed to Beggers or Knaves when they accuse their Coequals in probable matters without hopes of Gain And yet the same credit be allowed to the like Beggars and Knaves when they Swear against Persons of Honour Moral impossibilities and contradictions upon large hopes and promises of reward This the Papists take to be hard measure TO Counterpoise in some sort this charge of Subornation laid to Dugdale The Mannagers alledged the like proceedings on my Lords side To prove which Thomas Launder deposed That my Lord Astons Friends had Summoned him up to my Lord Astons Tryal to give Evidence against Ansel and Dugdale and that he was to have an Horse to ride on and Money in his Pocket Simon Wright Barber to Dugdale deposed That Mr. Plessington told him If he could find a way to take off Dugdale's Evidence or Destory him he should have seven hundred pounds And that the said Plessington and others would have had him Swear point blank That Dugdale would have hired him to give Evidence against Mrs. Price and Mr. Tasborough My Lord at once to confound this man by his own Testimony and further to detect the Subornation of Dugdale also in this matter produced a Letter or Paper Writ and Signed by Wright himself to Sir James Simmons In these words I can I bless God with a safe conscience declare upon Oath That Mr. Dugdale hath been unkind to me in taking his opportunity of my poverty By reason of a private meeting of us two by his appointment He did at that time proffer If I would Swear against You and Mr. Gerrard he would Protect me as one of the Kings Evidence and I should not want Money And in the Hall at Westminster he said if I did discover it that day at Mrs. Price 's Tryal he would set me in the Pillory This I have owned to his Face and shall not go back from this and more for fear nor favour So I rest as you shall find by your Servant Simon Wright This Letter Wright acknowledged to be his own Hand word for word But said Plessington and others had perswaded him to Write it Thus the Man Swearing and Vnswearing contradictions against himself My Lord only reply'd See what you have under his own hand I have no more to say to him UPon this diversity of Evidence the Mannagers made this Observation viz. That the Attempts made to Silborn Launder and Wright were manifest Signs my Lords Agents endeavoured by Sinister ways to vindicate his Cause To which the Papists answer It is not conceivable how the Evidence given by Launder and Wright can draw the least suspision of Subornation on my Lord or his Friends For the Proposal made to Launder was by my Lord Aston's Friends and in behalf of my Lord Aston and not of my Lord Stafford Besides the words understood with that Candor and Sincerity they seem to have been spoken by my Lord Aston's Friends import no more then this That if Launder would like an Honest man give True Testimony of what he knew against Ansel and Dugdale at my Lord Aston's intended Tryal at London his necessary Expences should be born and the convenience of an Horse provided for his Journey thither Where 's the Subornation here As for Wright indeed he is a person of that Matchless worth and hath given so clear proofs both of his own unshaken Integrity and Dugdale's Innocence that he hath highly d●●erved the Title Credit Dignity and other the Emoluments of an Associate to the King's Evidence In fine he hath said so much both for himself and Dugdale the Papists know not what or how to say more THe last great Exception made by my Lord against Dugdale's Deposition was That Dugdale Swore in this very Tryal the Jesuits had Entrusted him with all their Letters that there came to his Hands whole Packets to and from several persons in several places all containing most Damnable Treason many of which he said he opened read and knew the Contents Yet though the preserving two or three nay even one single Letter under the Authors hand might have been so highly advantageous to the proving the Truth both of his own Evidence and the whole Plot in general Nevertheless he could not produce one Scrip or Line to back his Assertion or clear himself from the Forgeries laid to his charge To obviate this Exception the Mannagers brought in two Sisters Elizabeth and Anne Elder These Sisters Deposed That Dugdale coming one day to their House with several Bundles of Papers in his Pockets and Breeches desired them to Burn them saying the Times were troublesome and he being to Travel to divers places if he were taken people would think him a Plotter having all those Papers about him That hereupon Elizabeth Burnt all the Papers except one Book concerning which Anne asked Dugdale whether or no that also should be Burnt He answered no lay that by it may do good seven years hence There is no Treason in it Elizabeth reply'd Is there any thing of Treason in the others He said Do you think there is Elizabeth further Deposed She did see Mr. Dugdale take a Glass of Sider and hear him say and Wish it might be his Damnation and he might Sink in the place where he stood if he knew any thing of the Plot. FRom the Testimony of these two Sisters the Managers drew these Inferences First Dugdale 's Fears and Apprehensions in Burning so many Bundles of Papers denote there were matters contained in them which if known would have Discovered the Plot. Secondly When the Question was proposed to Dugdale whether his Little Book should be Burnt or no He answered No There was no Treason in it which Ambiguous manner of Expression argues there was something of Treason in the other Bundles To which the Papists answer To the first it is not Credible that Dugdale as yet a Catholick should bring to an Alehouse and deliver to two Women in the very heat of the Discovery of the Plot his Pockets and Breeches full of Papers containing High Treason Surely he might with more Secrecy and Safety have Burnt them in his Chamber But in short if what the Women Attest be 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

their Neighbours and destroy their Native Countrey by Fire and Sword when the interest of their Religon requires it are acts dispensable by the Pope and meritorious of Heaven Now what thing so wicked however slenderly proved will not easily be believed against Men so Principled My Lord therefore to clear himself and his Religion from this heavy and as the Papists say injurious Aspersion Protested and Declared in the presence of Almighty God and their Lordships his Judges That he hated and detested such Principles as he did Damnation to himself And that he could not be more desirous of Salvation then he was cordial in hating such Principles That he ever held Treason to be the worst of Crimes and knew no term ill enough to express it That he heard with horrour the late wicked practices in Scotland That he acknowledged the King his lawful Soveraign and knew no Person or Authority on Earth could absolve him from his Allegiance And least this might seem a meerly extorted profession of a despairing Man My Lord endeavoured to prove by several convincing Testimonies he had ever been Instructed and Educated in the same Sentiments as the Established Doctrine of the Roman Catholick Church His first Testimony was taken from places of Holy Scripture 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 to which all Roman Catholicks are obliged to submit The 15 th Canon and Definition of which Council is this Quilibit Tyrannus potest debet licité meritorié occidi per quemcunque Vasallum suum vel Subditum etiam per clanculares insidias subtiles blanditias vel adulationes non obstante quocunque Praestito juramento seu confoederatione factis cum eo non expectatâ sententiâ vel mandato judicis cujuscunque Adversus hunc errorem Satagens haec Sancta Synodus exurgere ipsum funditùs tollere declarat desinit hujusmodi Doctrinam erroneam esse in fide in moribus ipsamque tanquam Haereticam Scandalosam ad ●raudes Deceptiones Mendacia Proditiones Perjuria vias dantem reprobat condemnat Declarat insuper decernii quod pertinaciter Doctrinam hanc perniciocissimam asserentes sunt Haeretici tanquam tales juxta Canonicas Sanctiones puniendi Englished thus Every Tyrant lawfully and meritoriously may and ought to be Killed by any Vassal or Subject whatsoever even by hidden Treacheries and subtle Flatteries or Adulations notwithstanding any Oath given or confederation made with him Without expecting the Sentence or Command of any Judge whatsoever which clause is added in regard of the right of Supreme Temporal Monarchs over inferior Princes Subordinate to them Against which Error this Holy Synod industrious to withstand and utterly to extirpate it doth declare and define that this Doctrine is Erroneous in Faith and Manners and the same as Heretical Scandalous and opening a way to Frauds Deceipts Lyes Treasons and Perjuries doth dissaprove and condemn It farther declares and decrees that those who obstinately maintain this most pernicious Doctrine are Hereticks and as such ought to be punished according to Canonical Sanctions My Lords third Testimony was taken from the Annotations upon the 13 th Chapter of St. Paul's Epistle to the Romans in the English Catholick Edition of the new Testament set forth by the Colledge of Divines at Rhemes The words are these upon the Text He that resisteth c. v. 2. Whosoever resisteth of obeyeth not his lawful superior in those causes wherein he is subject to him resisteth Gods appointment and sinneth deadly and is worthy to be punished both in this World by his Superior and by God in the next Life For in Temporal Government and Causes the Christians were bound in Conscience to obey even their Heathen Emperours And upon the Text Beareth not the Sword c. v. 4. There were certain Hereticks called Begardi that took away all Rule and Superiority The Wickleffists also would obey no Prince nor Prelate if he were once in deadly sin Some Protestants of our time care neither for the one nor for the other though they extol only Secular Power when it maketh for them The Catholicks only most humbly obey both according to Gods Ordinance the one in Temporal Causes and the other in Spiritual in which order both these States have blessedly flourished in all Christian Countreys ever since Christs time My Lords fourth Testimony was taken from the censure of the Doctors of the famous Faculty of Sorbon in the Vniversity of Paris against a Book of Anthony Sanctarelus treating of Heresie Schism c. Particularly against the 30 th and 31 st Chapters of the said Book The censure of the Faculty my Lord produced in Court and is as followeth Upon the first of April in the year of our Lord 1626. after Mass of the Holy Ghost the usual Assembly of Doctors being met in Solemn manner in the Hall of the Sorbon Colledge was heard the relation of the Masters of the same Faculty deputed for that end who declared that in those two above-mentioned Chapters these propositions were contained That the Pope can punish Kings and Princes with Temporal Penalties and Depose and Deprive them of their Kingdoms for the crime of Heresie and free their Subjects from their obedience And that it had been always the custom in the Church And for other causes also as for faults if it be expedient If the Princes be negligent For the insufficiency and unprofitableness of their Persons Likewise that the Pope has right and power over Spirituals and all Temporals also and that both the powers Spiritual and Temporal are in him by Divine right That it was to be believed that Power was granted to the Church and its Chief Pastors to punish with Temporal Penalties Princes the transgressors of Divine and Humane Laws especially if the Crime be Heresie They said likewise that the same Sanctarelus did affirm That the Apostles were subject to secular Princes de facto non de jure by Fact not by Right Moreover That as soon as the Pope is installed all Princes begin to be subject unto him Lastly they related that he Sanctarelus expounded the words of Christ Whatsoever ye shall bind upon Earth c. To be understood not only of the Spiritual but of the Temporal Power That he imposes upon St. Paul changing his words by withdrawing the Negation and upon many Authors cited by him They related many other things out of the said Sanctarelus which seemed to them very well to deserve the grave Animadversions and Censure of the Faculty The matter therefore being brought into debate by the Dean the mature deliberations of all and every Master being heard the Faculty hath dissapproved and condemned the

he I may perhaps shake for cold but I trust in God never for fear After some time spent in Spiritual discourses at length about Ten a Clock word was brought him That Mr. Lieutenant waited for him below upon which he sweetly saluted his Friends bidding them not grieve for him for this was the happiest day of all his Life then he immediately went down and walked along by the Lieutenants Chair who had the Gout through a lane of Soldiers to the Barrs without the Tower There the Lieutenant delievered him to the Sheriffs and they from thence Guarded him to the Scaffold erected on Tower-Hill All the way as he passed several thousands of People crowded to see him many civilly saluted him and few there were amongst that vast number whose hearts were not touched and mollified with Compassion for him Having mounted the Scaffold there appeared in his Countenance such an unusual vivacity such a Chearfulness such a Confidence such a Candor as if the Innocence of his Soul had shined through his Body Nothing of that Mortal paleness Nothing of those Reluctances Convulsions and Agonies incident to persons in his condition could in the least be perceived in him He looked Death in the face with so undaunted a Resolution as gave many occasion to say Grace had left in him no Resentments of Nature After a short pause viewing the People and finding them attentive to what he should say he stept to one side of the Scaffold and with a Graceful Air and intelligible Voice pronounced his last Speech as followeth My Lord's last Speech BY the permission of Almighty God I am this day brought hither to Suffer Death as if I were Guilty of High Treason I do most truly in the presence of the Eternal Omnipotent and All-knowing God protest upon my Salvation that I am as Innocent as it is possible for any Man to be so much as in a thought of the Crimes laid to my Charge I acknowledge it to be a particular Grace and Favour of the Holy Trinity to have given me this Long time to prepare my self for Eternity I have not made so good use of that Grace as I ought to have done partly by my not having so well recollected my self as I might have done and partly because not only my Friends but my Wife and Children have for several days been forbidden to see me but in the presence of one of my Warders This hath been a great trouble and distraction unto me but I hope God of his Infinite Mercy will Pardon my Defects and accept of my good Intentions Since my long Imprisonment I have considered often what could the Original Cause of my being thus Accused since I knew my self not Culpable so much as in a thought and I cannot believe it to be upon any other account then my being of the Church of Rome I have no reason to be ashamed of my Religion for it Teacheth nothing but the Right Worship of God Obedience to the King and due Subordination to the Temporal Laws of the Kingdom And I do submit to all Articles of Faith believed and taught in the Catholick Church believing them to be most consonant to the Word of God And whereas it hath so much and often been objected That the Church holds that Sovereign Princes Excommunicated by the Pope way by their Subjects be Deposed or Murthered As to the Murther of Princes I have been taught as a Matter of Faith in the Catholick Church That such Doctrine is Diabolical Horrid Detestable and contrary to the Law of God Nature and Nations And as such from my heart I Renounce and abominate it As for the Doctrine of Deposing Princes I know some Divines of the Catholick Church hold it but as able and Learned as they have Written against it But it was not pretended to be the Doctrine of the Church that is any Point of Catholick Faith Wherefore I do here in my Conscience declare that it is my true and real Judgement That the same Doctrine of Deposing Kings is contrary to the Fundamental Laws of this Kingdom Injurious to Sovereign Power and consequently would be in me or any other of His Majesties Subjects Impious and Damnable I believe and profess That there is One God One Saviour One Holy Catholick Church of which through the Mercy Grace and Goodness of God I die a member To my great and unspeakable grief I have offended God in many things by many great Offences but I give him most humble thanks not in any of those Crimes of which I was Accused All the Members of either House having liberty to propose in the House what they think fit for the good of the Kingdom accordingly I proposed what I thought fit the House is Judge of the fitness or unfitness of it and I think I never said any thing that was unsitting there or contrary to the Law and Vse of Parliament for certainly if I had the Lords would as they might have punished me so I am not culpable before God or Man It is much reported of Indulgences Dispensations and Pardons to Murther Rebel Lie Forswear and Commit such other Crimes held and given in the Church I do here profess in the presence of God I never Learned Believed or Practised any such thing but the contrary And I speak this without any Equivocation or Reservation whatsoever And certainly were I guilty either my self or knew of any one that were Guilty whosoever that were so of any of those Crimes of which I am accused I were not only the greatest Fool imaginable but a perfect Mad-man and as wicked as any of those that so falsly have accused me If I should not discover any ill Design I knew in any kind and so upon Discovery save my Life I have so often had so fair occasions proposed unto me And so am guilty of Self-Murther which is a most grievous and hainous Sin and though I was last Impeached at the Lords Bar yet I have great grounds to believe that I was first brought to Tryal on the belief that to save my Life I would make some great Discovery And truly so I would had I known any such thing of any ill Design or Illegal Dangerous Plot either of my self or any other Person whatsoever without any Exception But had I a thousand Lives I would lose them all rather then Falsly accuse either my self or any other whatsoever And if I had known of any Treason and should thus deny it as I do now upon my Salvation at this time I should have no hope of Salvation which now I have through the Merits of Christ Jesus I do beseech God to bless His Majestly who is my Lawful King and Sovereign whom I was always by all Laws Humane and Divine bound to Obey and I am sure that no Power upon Earth either singly or all together can legally allow me or any body else to lift up a Hand against him or his Legal Authority I do hold that the