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A34574 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 wonderfully zealous pamphlet entituled The papists bloody aftergame, writ in answer to the said Memoirs, and published by Langley Curtis, 1682. Corker, James Maurus, 1636-1715.; Curtis, Langley, fl. 1668-1725. 1682 (1682) Wing C6306A; ESTC R40876 92,519 237

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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 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 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 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 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 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 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 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 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 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 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 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 kindness But never afterwards said Turbervil did I speak with the Dr. 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 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 'T is 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 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 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 Turbervil be not to be believed you Perjure said he three men and in them trip up the Heels of all the Evidence and Discovery of the Plot. In like manner the Papists argue If Oates also be not to be believed the whole Fabrick of the Plot Falls What Dr. Oates the Quondam Top-Evidence the prime 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 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 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 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