the Law is adjudged Treason 2ly The Papists do not undertake to make good Oates's Charge of Perjury against Dugdale Smith and Turbervil Nor theirs against him But only to shew that the guilt of this Horrid Crime lyeth amongst them And consequently whether it be charged upon Oates as the Chief Swearing-Master and Original Author of the Plot Or upon Dugdale Smith and Turbervil at his Pedants and Accessaries in the Imposture Or as is most rational upon Both and All of them It follow 's That the Lord Stafford dyed by Perjury And Roman Catholicks have wrongfully suffered by their Villanies the loss of their Fortunes their Estates their Liberties their Lives Luke 19. Verse 22. Out of thine own Mouth will I Judge thee Thou Wicked Servant THus I have here Briefly and Impartially set down what occur's to me on this occasion And now for an Appology to the whole Treatise Seing the Papists as well as all other Men have a natural right when Impeached to defend their Innocence I hope it will not be Imputed a fault in me to have Rehearsed some of their Arguments as they lay within the Limits and Sphere of my Design If any Persons of Depraved Judgments shall from hence draw sinister Reflections upon the Justice of the Nation I declare they abuse both the Government themselves and Me by such their unjust Paraphrase FINIS Some Errors escaped the Press PAge 1. Line 30. for lesse read least p. 14. l. 36. for it is credible r. is it credible p. 30. 1. 10. for Deposited r. Deposed Ibid. 1. 16. for left himself to r. left to himself p. 31. l. 35. for injured r. invred p. 37. 1. 3. for Railed r. Railyed p. 39. 1. 2. for addressed r. addressed p. 49. 1. 37. for justifiable to her Tenents r. justifiable by her Tenents p. 54. 1. 36. for Creature r. Creator p. 67. 1. 12. for Implored r. I Implere Tryal p. 4. Pag. 7 c. Pag. 17 c The motives of his Perversion His Imployment in England pag. 21. c. His Contribution for Arms c. 50. l. Armies ready at an hours warning The Popes contribution 1000 l. Pag 25. c Pag. 25. c. his feigned Conversion The Provincial of Castile contribution 10000 l. Pickering receive'd a Discipline Afterwards a Promise of 30000 Masses Page 32. A Twenty pound Debt returned for a Reward to kill the King page 30 Page 17. The Papists plea against the Plot in general Pag. 70. Page 123. a Coleman's Tryal Coleman's Letters Sir Edmundbury Godfrey's Murder Pag. 20. Pag. 87. Pag. 136. Fire-Balls Sham-Plots c. The Votes of both Houses of Parliament declaring it a Plot. * See the Tryals of Wakeman Corker Marshal Earl of Castlemain Sir Tho. Gascoin Lady Powis Tempest c. Gunpowder-Treason French Massacre c. Ireland's Tryal Page 40. c. The first onset against My Lord. My Lords Address Page 25. c. Pag. 24. c. Dugdal 's Infamy and Beggery Pag. 94. c. Pag. 84. c. Pag. 87. c. Pag. 145 c. Pag. 163. Pag. 175 Pag. 147 Pag. 163. Pag. 168. Dugdale's Perjury Pag. 87. c. Pag. 175. Pag. 74. page 147. page 83. c page 80 c Page 132 c. Page 174. Page 177. Page 175. Page 178. Dugdales Subornation of Oaths Page 90. c. Pag. 138. c. Dugdale 's Improbable manner of Swearing Page 22. Page 46 c. Page â—28 c. Page 130 c. This Oates affirms in Langhorns Tryal Page 101. Page 179. Oates's new Porgeries Page 102. Page 25. Page 126. Oates his Apostacy and Sacriledge Page 123. Turbavil's Perjury in seven Particulars Page 120 c. Pag. 122. Pag. 152. Page 109. Page 151. Page 108. Page 113. Page 181. Page 106 Page 180. Page 112. Page 110 Page 182. Page 101. Page 116. Turbervil 's loose manner of Life Page 154. Page 163. c. The sum of my Lord's Plea as to matters of Fact Page 167. c. My Lord's Plea as to matters of Law Page 199. c. The sum of the Evidence against my Lord. Page 170. Page 171 c. Page 184. Page â—â—â— Answer to 〈◊〉 Lord's Plea in matters of Law Page 190. My Lord 's particular Address Page 198. Page 212. My Lord High Steward's Speech His Religion imputed to him as the Câ—â—se of his Guilt Page 21â— The Sentence Page 54. Page 53. Ibid. Ibid Ibid. Ibid. Ibid. An Objection Answered The intent of this Epistle 〈…〉 Christ a Eph. 2. 8. 1 Cor. 15. 22. applicable by Faith b Mark 16. 16 Heb. 11. 6. c Eph. 4. 4. c. Which is but One d Jam. 2. 10. e 1 Cor. 1. 20. Mat. 16. 17. Supernatural By the Divine Providence to be learnt f Isai 35. 8. By the Divine Providence to be learnt g Joh. 9. 41. h Mat. 11. 25. i John 15. 22. Not from private Interpretation of Scripture but from the Universal Church dilated continued and guided by the Holy Ghost for that end k 2 Pet. 3. 16. Pro. 14. 12. Mat. 22. 29. l 1 Jo. 4. 1 6. Prov. 12. 15. m Mat. 18. 17. Luke 10. 16. n Psal 2. 8 sa 2. 2 c. 49. 6. Matth. 5. 14. o Isai 59. 21. Joh. 16. 13. Ezek 37. 26. Eph. 5. 25. c. 1 Tim. 3. 15. Mat. 16. 18. p Mat. 28 20. Joh. 14 16. q Deut 17. â—8 c. Mat. 23. 2. This Church is the same with the Roman Chtholick From the Testimony of which we believe the Scripture to be Gods Word Divine Revelations only Matters of Faith r Can. 6. 8. Joh. 10. 16. Rom. 15. 5. Joh. 17. 22. Philip 2. 2. s Mat. 16. 18. 1 Tim. 3. 15. Mat. 18. 17. t Isai 59. 21. Joh. 14. 26. u 1 Cor. 11. 19. Mat. 18. 17. What Heresie what Schism How Matters of Faith are proposed by the Church x Tit. 3 10. 1 Cor. 1. 10. cap. 12. 25. y Joh. 5. 39. z Acts 15. per tot a 2 Thes 2. 15. cap. 3. 6. 2 Tim. 2. 2. b Jam. 2. 18. Gal. 1. 7 8. What is the Authority of General Councils c Deut. 17. 8. Mat. 18. 17. Acts 15. pertot Luke 10 16. Heb. 13. 7. 17. An Explanation of the same Authority d Joh. 14 16. e 1 Tim. 6. 20. A Deduction from thence concerning Allegiance A second Deduct on concerning the same Of the Oath of Allegiance The Bishop of Rome Supreme Head of the Church but not Infallible d Mat. 16. 17. Luke 22. 31. Jo 21. 17. e Eph. 4 11 c. Nor hath any Temporal Authority over Princes 1 Pet. 2. v. 17. c. The Church not responsible for the Errors of particular Divines King-Killing Doctrine Damnable Heresie Conc. Const Sess 15. Personal misdemeanours not to be imputed to the Church No Power on Earth can authorise Men to Lye Forswear Murther c. Equivocatâ—on not allowed in the Church Of Sacramental Absolution a Ex. 18. 21. 2 Cor. 7. 10. b Psa 32. 5. Pro.
the Seas he was told by George Hobson then Servant to the Lord Aston That there was a Design intended for the Reformation of the Government to the Popish Religion Now it was owned and acknowledged in Court point blank contrary to this Information That the said Hobson was not Servant to the Lord Aston nor known by Dugdale three years after the departure of the said Almoner out of England UPon this proof of Dugdale's Perjury the Mannagers made this observation viz That Dugdale's words cited in the Information are capable of two senses either they may import Hobson told him there was a Design ever since the Almoner went away Or they may import Hobson told him presently after the Almoner went away there was a Design The first sense may refer to the matter told The second to the time when told The words taken in the first sense argue no contradiction in Dugdale's Testimony To which the Papists answer The words of the Information taken in their plain obvious and connatural sense clearly import Hobson related to Dugdale there was a Design which relation Hobson made to Dugdale presently after the time one Howard went beyond the Seas Nor can any other construction be put upon the words without manifestly wresting them from their Genuine signinification as every impartial Reader may see So that the proof here given of Dugdales Perjury is unanswerable THe third main Exception made by my Lord against Dugdale's Deposition was That he being conscious of his ill grounded Evidence had endeavoured to Suborn divers Persons to make false Oaths That so he might strenghten his own by others Perjury To make good this Exception Samuel Holt a Protestant attested That Dugdale desiring to speak privately with him told him If he would Swear that Walter Moore carryed Mr. Evers away he would give him Forty Pounds bidding him not be affraid to Swear for fear of my Lord Aston for he would hire him an Horse to get to London and place him so that where he now got one Shilling he should then get Five William Robinson attested That meeting with Dugdale about a twelve month ago he the said Dugdale perceiving Robinson to be then Dejected and Poor endeavoured to corrupt him by giving him a Treat and assuring him He should not want Money if he would please to be ruled by him Then he took an Handkerchief out of his Pocket wherein there seem'd to be about ten pounds and bid him If he wanted take Money there And lastly told him He could furnish him with Money and put him in a way to get Money if he would come in as Evidence against my Lord Stafford Which Robinson refused to do not knowing my Lord or any thing of him John Morral a Barber gave attestation in these words Mr. Dugdale the 6th of August last was twelve month sent for me to the White Horse in Ridgley and there when I came to him he told me I knew as much of the Plot as he I told him I was Innocent of the thing He Swore God dam him I knew as much as he Then I told him If he knew no more of it then I did he knew no more then my Lord Mayors great Horse did Then he took me aside Come said he you are a poor Man and Live poorly I can put you in a way whereby you may Live Gallantly I will give you Fifty Pounds in hand if so be you will Swear against Mr. Howard Sir James Simmons Mr. Herbert Aston and other Gentlemen of the Countrey that they were at such Meetings at Mr. Herbert Astons upon the Conspiracy of the Plot. To take off the Credit of the two first Witnesses in this matter viz. Holt and Robinson nothing material being objected against Morral or his Evidence the Mannager s produced Witnesses to prove they were Persons of evil reputation Against Holt one Sampson Rawlins a Taylor Deposed that Holt was a Drunken lewd Fellow That he heard him say There were none but Rogues would take Dugdale's part That he stole some Bottles of Wine out of my Lord Astons Celler That he called him the said Rawlins Rogue because he came up in His Majesties Service and would have Murdered him because he took Dugdales part Against Robinson the Earl of Macklesfield and Mr. Booth a Parliament Man both Deposed That Robinson was a Person of evil and prophane Conversation making a practice of Cheating at Dice Cock-fighting c. That he owned himself upon Examination to be a Rogue And had no other imployment or Livelihood To these unquestionable Evidences against Robinson my Lord reply'd He knew nothing of Robinson before and added It was very observable That Dugdale knowing it seems his Friend and Comrade Robinson to be a Cheat and then in want thought him a tool fittest for his purpose the most easily prevailed upon and most proper to make a Knight of the Post So that the two last worthy Witnesses did by their Evidence rather confirm then lessen the belief of Dugdale's Tampering with Robinson herein UPon these several Evidences the Mannagers made these Observations First It was not likely that Dugdale a stranger to Robinson should attempt to Suborn him to Swear against a Person he knew not and in a matter whereof he was wholly Ignorant Secondly It doth not appear that Dugdale had any ill will to Moore that should induce him to Suborn Holt to Swear against him Thirdly Both Robinson and Holt were Infamous Men the one being a Common Cheat the other a Drunken Quarrelsom Fellow and seeming to favour the Plotters Fourthly Morral was but a Poor Barber of no Reputation and one who might easily be brought to say what he did To which the Papists answer To the first Robinson was no Stranger to Dugdale He was as the Earl of Macklesfeild and Mr. Booth attested every where about Staffordshire remarkably known for Cheating at Dice Cock-sightings Races c. exercises also frequent with Dugdale himself Nor is it material that Robinson knew not my Lord Stafford nor any thing of him It was not Dugdale's business to find out a Man who to discharge a good Conscience would Swear what he knew But who to get Money would Swear what he knew not For which purpose Dugdale had good reason to think Robinson a very proper Instrument To the second It is plain matter of Fact that Dugdale having accused and Imprisoned Moore for carrying away Eâ—ers but not able to prove it he would have hired Holt to make out his false accusation To the third If Robinson and Holt were Cheats and Rogues my Lord well inferred they were the more likely to be chosen by Dugdale for such Imployments as he had for them Though for Holt the greatest offence laid to his Charge seems to be that he Quarrelled with Dugdale's Witnesses as thinking no honest Man would take his part To the fourth Though Morral was Poor yet it doth not appear but that he was so honest as not to be
age long imprisoned no great Rhetorician nor much versed in the Law should take all advantages improve favourable circumstances and keep equal measures in sharpness of Wit and effluence of Speech with his Opponents who were ten or twelve of the greatest Lawyers and ablest Judgments of the Nation Nor is it any wonder if my Lord confounded with the multiplicity of arguments astonished at the horrour of the objected Crimes discountenanced by the Auditory And as he acknowledged half stupified with continual pleading day after day without intermission Did sometimes insist upon matters of less and omit matters of greater moment in his own behalf yet he seemed to manifest much of candour and sincerity in all his Comportment and Addressing himself to my Lords his Judges before he began his Plea to the particular Evidence against him He spoke to this effect That he was much afflicted to see himself accused by so high an Authority for a Crime which above all others he ever from his heart utterly abhorred he renounced and detested with much Exaggeration all Plots against the King and Government He abjured all Principles leading to such ends And disowned all Authority upon Earth which might in the least pretend to absolve him from his Allegiance He further shewed how faithful and affectionate he had been both to the late King in his Wars and to this in his Exile He declared he had timely notice of his being Impeached and thereupon might if he would have easily fled He likewise acknowledged That after he was in the Tower both the King and the House of Lords had sent him word That in case he would make a Discovery though he were never so Guilty he should have a Pardon If therefore he had been really conscious of his own Guilt and might have secured himself by either of these means and would not he ought to dye for his folly as well as his Crime He professed he had always a natural abhorrence of Blood-shed insomuch that he could not wish the death even of his Adversaries that Swore against him Lastly He desired as necessary to his defence Copies of some Depositions made by the Witnesses before several Authorities on several occasions which Copies after a long debate upon it were granted Now begin the particular Depositions of each particular Witness directly against my Lord upon which the House of Commons grounded their Impeachment To these Depositions as they severally occur I shall adjoyn my Lords immediate Answer And to his Answer the Mannagers reply That so both confusion and unnecessary Repetitions inconsistent with a Compendium may be avoided Furthermore because the Mannagers in Summing up their Evidence made divers ingenious Observations and urged many Reasons to uphold their several Charges not mentioned in the body of the Tryal And also for that the Papists afirm there was more of flourishing Rhetorick then strength of Argument in the said Observations the order of Law not premitting my Lord in the close of the Tryal to Rejoyn upon them I shall to give the best satisfaction I can to all parties annex here the plain Substance both of the said Mannagers Observations and the Papists Answers as they respectively occur to each particular Evidence Dugdale's Deposition against my Lord. THe first Witness that gave Evidence to the particular Impeachment was Stephen Dugdale who Swore That at a certain meeting held at Tixal in Stafford-shire about the latter end of August or the beginning of September 78. My Lord did together with the Lord Aston and others in the presence of Dug-dale give his deliberate full consent To take away the Kings Life and Introduce the Popish Religion That on the 20th or 21st of September 78. in the forenoon my Lord then residing at Tixal sent for him the said Dugdale to his Chamber by one of his Servants either his Gentleman or Page whilst he was dressing That when he came in my Lord sent out his Servants and being there alone together my Lord offered him 500 l. for his Charges and Encouragement to take away the Kings Life And farther told him He should have free Pardon of all his Sins and should be Sainted For the King had been Excommunicated and was likewise a Traitor and a Rebel and an enemy to Jesus Christ My Lords Exceptions TO this Deposition my Lord made several grand Exceptions The first was That Dugdale was a Person of an Infamous Life That he had Cheated the Lord Aston his Master and defrauded Work-men and Servants of their Wages That by his Extravagancies and Misdemeanours he had run himself into several hundred pounds Debt for which he was thrown into Goal and despaired of ever getting out from thence otherwise then by making the pretended Discoveries For proof of all which my Lord produced these Witnesses Mr. Sandbidge An old Man and a Protestant attested That Dugdale was a Knave and notoriously known both by him and all the Countrey to be a Wicked Man Thomas Sawyer attested Dugdale went from My Lord Astons involved in deep Debts That whilst he was Bayliff to My Lord Aston he received and placed to My Lord's Account several Work-mens Wages which he never paid to the said Work-men Whereupon great Clamours and Complaints were made of him in the Countrey That being Arrested for Debt My Lord Aston would not own him for his Servant at which Dugdale Swore He would be revenged on him The same thing as to Dugdales sinister dealing His being in Debt Imprisoned and Disowned by the Lord Aston were attested by Sir Walter Baggot Mr. Whitby a Justice of Peace and Mr. Phillips Minister of Tixal From hence my Lord drew a second Iuference viz That had the Lord Aston and the rest been Guilty as Dugdale accused them It was highly improbable the said Lord should adventure to exasperate discard and leave to Goal and Ruin a man at whose mercy they all lay and who might to retreive his desperate fortune by making Discoveries utterly destroy both their Designs and them To confront the Testimony of the foregoing Witnesses the Mannagers produced others in favour of Dugdale And as to the matters of his Debts and Beggery Mr. Noble Stephen Colledge the Protestant Joyner lately Executed for High-Treason at Oxford and Mr. Boson a Lawyer deposed That at Dugdale's intreaty they went with him to the Tower to assist him in adjusting his Accounts with the Lord Aston but could not accomplish it by reason my Lord would not till the return of a certain Councellour out of the Countrey let them see a Book wherein Dugdale said his Discharges were And that Dugdale told them my Lord Aston was Indebted to him things rightly stated two hundred pounds To this my Lord Stafford reply'd He should have something to say And desired the Lord Aston might be admitted to give an account of this matter But it was answer'd That the Lord Aston stood Indicted for the same Treason and could not be a Witness Then my Lord
desired Mr. Lievtenant of the Tower might speak what he knew Hereupon Mr. Lievtenant declared That the Lord Aston would have come to an account with Dugdale in his the Lievtenants presence But that Dugdale put it off and said he would come some other time but from that time to this he never heard of him UPon these Testimonies the Mannagers made these following Observations First It was manifest from several Circumstances that Dugdale went not away from Tixal for Debt as seems here to be pretended but for fear of being apprehended for the Plot which argues he was then Conscious of his own Guilt in that matter Secondly Whereas Sawyer attests that Dugdale Swore he would be revenged on my Lord Aston because he would not own him for his Servant when Arrested for Debt If this were true yet seeing this Revenge was not intended against my Lord Stafford but against my Lord Aston It is Impertinent to be urged against Dugdale's present Evidence To which the Papists Answer To the first It is no wonder if at a time when Roman Catholicks were universally suspected and persecuted on account of the Plot Dugdale though not Conscious of any Guilt either in himself or others Yet being then a Catholick and hitherto undetermined to set up for an Evidence was in some apprehensions of comming into trouble and might therefore withdraw upon that Score But what is that to the present purpose Is it not also undeniably proved here That Dugdale was in Debt That for Debt he was Arrested and Imprisoned That for his Misdemeanors and not for Religion he was discarded by his Master That at last Beggery had surrounded him Revenge possessed him and Desperation Seized him If this hath been clearly proved 't is no hard matter to judge what was his end and aim in making his Discoveries And my Lords further Inferences hereupon are Soild and Good To the second The Evidence given of Dugdale's Revenge was not produced as if the said Revenge was chiefly intended against my Lord Stafford but only to shew that Dugdale was now upon the point of bidding adieu to Conscience and Honesty And desirous to satisfie at once both his Malice and Penury He contrived his Plot after the Model given him by Oates and Bedlow wherein he Accused some out of Revenge and others amongst whom my Lord Stafford as the most proper Persons to compleat the Number of Actors in his Tragick Farce IN defence of Dugdale's Reputation in point of Honesty Mr. Whitby declared That Dugdale had been long my Lord Aston's Servant received my Lord's Rents made his Bargains and Governed the rest of the Family That he dealt honestly with him That he had heard indeed some Trades-men complain he put them off without Money and would not pay them But that my Lord would hear nothing against him William Southal a Coroner deposed that he knew no ill of Mr. Dugdale that he was the Lord Aston's Bayliff and had a good repute with all those People who had dependence on the Family But that he himself never had any business with him Then he the said Southal gave a large relation how he had perswaded Dugdale being then in Custody for Debt to Discover the Plot By putting him in mind of his Duty and Allegiance to the King and assuring him If he would make a timely Discovery he should not only obtain his Majesties Gracious Paerdon but also a Reward of Two Hundred Ponnds By force of which Argument Dugdale at last assented to make Discoveries And accordingly gave in his several Depositions first in the Countrey before two Justices of the Peace afterwards before the Councel and lastly before the two Houses of Parliament Concerning this Southal the Lord Ferrers informed the Court That he had been very active against the King in the late Wars and had the Repute of a Pernicious Man against the Government To Impugne which Information the Lord Brook declared in behalf of Southal that his Mother had imployed him and found him honest in their Affairs And Mr. Gower farther testified That he found Southal extraordinarily zealous in prosecuting the Papists UPon these Evidences the Mannagers made these Observations First Mr. Whitby not only declares that Dugdale had dealt honestly by him But that my Lord Aston himself would hear nothing against him Secondly It is not always the Stewards fault if Workmen to great Persons sometimes want their Wages Thirdly Mr. Southal an understanding and zealous man had with much difficulty and strong Arguments the good fortune at last to succeed in parswading Mr. Dugdale to make a fair and plain Discovery of the whole Plot to the great happiness not only of Mr. Dugaale but of the whole Nation To which the Papists Answer To the first Though Dugdale perhaps dealt honestly with Mr. Whitby yet he might be a Knave and deal dishonestly with other People for all that And if my Lord Aston refused to hear any thing against him this very refusal argues there were Complaints made of him And my Lord himself in time both gave Ear to his Crimes and Discarded him for them as is already proved To the second Those Stowards who receiving Moneys of their Masters to pay poor Labourers their Wages shall as Dugdale did Defrand them of it the better to defray their own Extravagant Expences are no honest Men. To the third The Papists do not understand to what purpose this Testimony of Southal's is here produced for it is granted That Dugdale being in Goal and brought to extremity did after much struggling and reluctancy of Conscience abandon his Soul to Perjury And conceiving fair hopes of Success by the prosperous adventures of Oates and Bedlow by the present promise of 200 l. and by the perswasion of Southal a notorious Cromwellian at last plunged himself into deep and horrid Oaths not only incredible but morally impossible to be true THe second weighty Exception made by my Lord against Dugdale's Deposition was 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 the Plot. He was not only a Confident but an Assistant in raising Armies Killing the King c. Now my Lord proved by several Irrefragable Witnesses That the said Dugdale had before at sundry times and on sundry occasions with dreadful Oaths and Execrations professed he knew nothing of any such thing The Witnesses were these Sir Walter Baggot and Mr. Kinnersley both Parliament-men Attested That Dugdale being Examined before them and other Justices of the Peace though he then took the Oaths of Allegiance and Supremacy in their Presence yet absolutely denyed any knowledge of the Plot. Mr. Whitgrave also a Justice of the Peace Attested that he earnestly Pressed and Encouraged Dugdale to make a Discovery of what he knew telling him Now he had taken the Oaths they looked upon him as one of
them and that he would do him all the Kindness he could To which Dugdale answered Truly for his part though he had the misfortune to Live amongst Papists yet he never liked their Religion Then Mr. Whitgrave urged him home saying Sir you may do your self a kindness and oblige your King and Country I am confident you know of this Horrid Plot pray do not stifle your Conscience with an Oath of Secrecy Let it come out Dugdale replyed as he hoped to be saved be knew nothing of it Thomas Sawyer Attested That two or three days before Dugdale began to Impeach being then at Stafford under the Serjeants Hands for Debt he took a Glass of Drink in the presence of Sawyer and said Thomas I wish this may be my Damnation and my Poison if I know of any Plot or Priest UPon these Evidences the Mannagers made this Observation 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
along with you to shew you the way for I have asked his Lord leave for him to go Upon this Dugdale having now leave went along with Furnesse to the Stable and took Horse Furnesse his Horse was not ready but he overtook Dugdale within half a Mile and they arrived at the Race together about twelve a Clock My Lord himself with other persons of Quality came to the Race not long after and returned back to Tixal about seven at Night The same Mr. Furnesse and George Leigh both Attested that my Lord never sent either of them for Dugdale that he never bid them go out of the Chamber or absent themselves whilst Dugdale alone remained with him No nor did they know that my Lord was ever alone with Dugdale either that Morning or in his whole Life To Infringe the last Particle of this last Evidence the Mannagers produced these Witnesses Mr. Hanson Deposed That he once saw Dugdale with my Lord in the Parlour at Tixal but durst not be positive whether they were alone or not William Ansell Deposed That passing through the Court at Tixal he saw my Lord walking with Dugdale That he heard no Discourse between them That there might be more in the Company but he saw no more And lastly added that talking one day with Dugdale about the Plot Dugdale answered God Blast him if he knew any thing of it UPon these Evidences the Mannagers made these Observations First My Lords two Witnesses Furness and Leigh were his own Servants Secondly They were very positive in a matter hard to remember viz That Dugdale never was in my Lords Company And therefore that easie Credit should not be given to them but rather to Hanson and Ansell who both Swear that they have seen my Lord and Dugdale together To which the Papists answer These common Sophismes and weak Objections made to the Convincing Evidence here given by my Lord in Confutation of the main matter laid to his Charge argue the Mannagers at a loss for an Answer To the first Whom could my Lord produce but his Servants to contradict the Falsities of a man that pretends to have heard him speak Treason whilst he was Dressing in his Bed-Chamber Are Ponest Servants because Servants no good Witnesses To the second Though it should be granted that at other times and upon other occasions Dugdale might have been in my Lord's Company either unknown to his Servants or not remembred by them or even by my Lord himself which is the utmost of what the Testimony of Hanson and Ansell can amount to yet this doth not at all weaken my Lord's Evidence nor clear Dugdale from Perjury herein For the chief things which my Lord s two Servants well remembred distinctly Attested and by most remarkable Circumstances fully proved was That my Lord did not send either of them for Dugdale nor was Dugdale alone with my Lord in his Chamber on the 21th of September in the Morning On all which particulars Dugdale laid the Stress of his Evidence and here it is he is directly Perjured FOurthly Dugdale at the forenamed Tryal of Sir George Wakeman positively Swore as my Lord proved by two Witnesses Mr. Gyfford and Mr. Lydcot both present at the said Tryal That he the said Dugdale having received a Letter on the 14th of October which mentioned the death of a Justice of Peace did the same day at an 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 produced for Witnesses the same Mr. Sambidge and Mr. Philips Mr. Sambidge protested upon his Salvation Dugdale never told him any such thing Nor did he ever hear of it till the Friday or Saturday Sir Edmundbury Godfrey was found at Bury-Hill Mr. Philips attested That he never heard of it either by Letter or Word of Mouth from Dugdale or any other till the death of Sir Edmundbury Godfrey was publickly known To ballance this Evidence the Mannagers produced these Witnesses Mr. Ansel deposed That at the Ale-house and day above named he heard Mr. Dugdale mention the death of a Justice of Peace Mr. Sambidge and Mr. Philips being then both in the House but not in the same Room with Ansel when Dugdale told the News William Hanson deposed That at the time and place aforesaid he heard Dugdale say There was a Justice of Peace Murdered that lived at Westminster And that when Dugdale told this News Mr. Sambidge and Mr. Philips were by and might have heard it if they would Mr. Birch and Mr. Turton both attested That about the fifteenth or sixteenth of the same October the news of Sir Edmundbury Godfreys Death was spread about the Countrey and seemed to take its first rise from Tixal UPon these several Evidences the Mannagers made these Observations First Mr. Sambidge was something deaf and might not here when Dugdale told him the news of the Death of a Justice of Peace Secondly Mr. Phillips the Parson being perhaps very Studious in his Employment might be wanting in point of Memory Thirdly The other Witnesses produced in Confirmation of Dugdel's Evidence make it our that he did impart the news at the time place and in the presence of the parties above-mentioned To which the Papists answer To the first If what the Mannagers alledge be true then is Dugdale here also proved Perjured by the Mannagers themselves For he expresly Swore at the said Tryal of Sir George Wakeman That Mr. Sambidge both heard and answered him Saying He heard nothing of the news before To the second No honest man affirms or denies any past words or actions but according as he remembers and to pretend want of Memory in a direct Evidence is the common Road whereby to evade all humane Testimony To the third The other Witnesses on behalf of Dugdale do in no sort make out the thing for which they are produced For Ansel doth not own that Philips and Sambidge were so much as in the same Room with Dugdale when he mentioned the death of a Justice of Peace Hanson indeed herein contradicting Ansel tells us they were in the Room but could not say they heard much less answered to the discourse of Dugdale which is the chief matter of Perjury here charged upon him As for what Mr. Birch and Turton declared concerning the Rumour soon after spread of the death of Sir Edmundbury Godfrey it nothing at all Enervates the present proof of Periury seeing it may well be true there was such a report and yet false that Dugdale had such a discourse with Sambidge and Philips as he positively Swears and they both as positively deny But enough hath been already said upon this Subject where we treated of the Death of Sir Edmundbury Godfrey FIfthly Dugdale in an Information given upon Oath Swore That presently after one Howard Almoner to the Queen went beyond
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 dâ—â—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
found about a Travelling Papist though never so Innocent would afford matter of Search and Suspition of his being a Plotter To the second Why should we amuse our selves or others with extorted Inferences drawn from Ambiguous Expressions here none surely knows Dugdale's mind better then Dugdale himself we have his words Attested by this very Witness to declare his meaning let him tell us in plain English his own Sentiment in this Affair I wish saith he this may be my Damnation and that I may sink in the place where I stand if I know any thing of the Plot. Now let the World judge of Dugdale and his meaning Titus Oates's Deposition against my Lord. THe next Witness that gave Evidence to the Impeachment against my Lord 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 â—enwick a Jesuit now Executed and there received a Commission from him in Oats's presence to be Pay Master-General to the Army That upon a Discourse with the said Fenwick my Lord said he was of necessity to go down into the Country to take account how Affairs stood there And did not doubt but at his return Groves should do the busines And further added speaking of the King He hath deceived us a great while and we can bear no longer My Lords Exceptions AGainst these Depositions my Lord made these several Exceptions The first was grounded thus It was not to be imagin'd that so many and great Conspirators so well provided with Moneys and Preferments as Oates pretends all engaged in a Design so dangerous so important to them to be kept Secret would or durst permit Doctor Oates their Cabinet Councellour and Main Engine to be reduced to such an Extremity of Want and Penury that he had not Bread to put in his mouth Yet my Lord was ready to prove in open Court that at the very nick of time when this Oates would have men believe he was most Entrusted and Employed in carrying on the Conspiracy just then he was in so Poor and Despicable a condition so forsaken and contemned by all for his Debauched Life that he Begged at Doors for Six-pence To this Doctor Oates himself answered 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 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 Lord 's drawn from Oates Beggery c. The Managers made no Observations Why they did not is a Question some say because the Doctor himself undertook to answer it Others affirm because they knew the more they stirred in it the worse it would be and so thought best to bury it in Silence and Oblivion To the answer therefore given by Doctor Oates the Papists reply Poverty is an Objection against Honesty in a person addicted as Oates was to Idleness Vice and Debanchery And though a man may be Poor and Honest too yet the same man at the same time and in the same Circumstances Oates pretends to have been in could never be Poor and a Plotter too Could he be Privy to all the Grand Commissions Could he be imployed in all the deep and Damnable Consults Could he have at his mercy the Lives and Fortunes of all the Chief Conspirators Men Stocked with Banks of Money sufficient if we will believe him to raise Armies and provide for two hundred thousand Soldiers Could this man nevertheless Starve in a manner for Bread Could he Beg for an Alms at the Papists Doors Could he be rejected and contemned as an Idle Vagabond by the very persons who thus had put their Lives into his Hand This is such a Paradox as none in their Senses will ever believe But the most pleasant passage if there could be any pleasure in Bloody Perjury is his Miraculous way of spending great Sums out of nothing in His Majesties Service He confesseth he had not Six-pence at the breaking forth of the Plot yet he Swears he is several hundreds of Pounds worse since the Discovery of it How came he then by all this Money Why he got it by way of Presents from some great Persons by taking of Jesuits and Printing of Narratives But did not all these Gains accure unto him on the account of the Plot On what other score were these Presents made by Great Persons Had he any other Trade or Livelyhood then that of the Kings Evidence Is it not too manifest those Guifts were bestowed on him as a Reward of Past and Encouragement of Future Swearing Would to God such great Persons would duly consider the Dismal Consequences which necessarily follow such Rewards THe second Exception made by my Lord against Oates's Evidence was That the said Oates had Perjured himself in two Depositions directly contradictory to each other For proof of this my Lord appealed to divers of the Lords themselves who were present at both the said Depositons amongst whom the Earl of Berckley being required to speak what he knew Attested That my Lord Chancellour did ask Doctor Oates at the Bar of the House this Question viz. My Lords desire to know if you can accuse any other person or persons of what quality soever And you are encouraged by their Lordships to Accuse them Oates his answer was my Lords I have no more to Accuse in Relation to England Notwithstanding which Deposition he afterwards in another with unspeakable Insolence expresly Accused the Queen in a matter as he thought of no less then High Treason From hence my Lord concluded if the first Deposition was true Oates was Perjured in the Latter If the Latter was true he was Perjur'd in the First so that which of the two soever is True or False he is guilty of Perjury UPon this Proof the Managers made these Observations First Doctor Oates having said much and having many things in his Head could peradventure not remember on a sudden this particular of the Queen Secondly The Evidence which Doctor Oates gave afterwards of the Queen was not positive nor of his own knowledge but words which he heard spoken in a Room in which he was not himself but coming in afterwards he saw the Queen there Thirdly It might not be so clear to Doctor Oates whether the Queen was a Person capable of an Accusation so as to be tryed
come more close to the present Evidence Had the Priests Introduced Turbervil into my Lords acquaintance and favour this could not be done Invisibly to the Servants some body must needs see and know when they came in and out My Lord was then in Lodgings and had none but two Servants about him Turbervil never pretends either the Priests or he made a secret of their visits Their accesses to my Lord he saith were very frequent as the nature of the business and pretended intimacy with my Lord seem'd to require The Condition of Turbervil was also such as might well render him desirous of the Servants acquaintance and Friendship especially being then as he said immeditrly to go over in the Yacht with them and to continue employed in my Lords Designs and Service at London Now that a Man in these Circumstaces should not know these Servants nor be known or so much as once seen by them is Morally Impossible THirdly Turbervil Swears That when he took leave of my Lord at Paris to come for England his Lordship was troubled with the Gout in his Foot Now my Lord protested in the presence of all that knew him he never had the Gout in all his Life His Servants also who then lived with him viz. Mr. Furness and Mr. Leigh gave attestation they never knew him subject to that Infirmity only several years since he had been troubled with the Sciatica which my Lord confessed and the Earl of Stamsord testisied made him sometimes formerly though never at Paris walk with a Staff UPon these Testimonies the Mannagers made no Observations But the Papists Avouch here is also direct Perjury proved upon Turbervil by two Credible Witnesses And though the subject of the Perjury seems not to be matterial to the main Accusation yet he that shall wilfully Perjure himself in any one Circumstance ought not to be credited in the whole Seeing Nature it self abhors the Testimony of a Man who hath once Invoked Almighty God to bear Witness to a Lye FOurthly Turbervil Swears That after his refusing to be a Fryer he was discountenanced by the Lord Powis and others of his Friends and Relations so that he durst not appear amongst them Now my Lord proved by several Witnesses That after his return from the said Fryers he was civilly treated and charitably entertained by his said Friends and Relations To make this good John Minehead attested That Turbervil after his coming from Doway lay in the House of the Earl of Powis his former Master and was courteously entertained both by my Lord and the whole Family John Turbervil Brother to the Deponent attested He never knew that any of his Relations gave him an Angry word but on the contrary when he went to Paris his Sister bestowed on him Seven Pounds to bear his Charges Upon which he said He would never trouble them more UPon these Testimonies the Mannagers made these Observations First Though Turbervil might peradventure as Minehead attests be civily Treated by my Lord Powis in publick yet what Reproaches or unkind words might pass between my Lord and him in private Minehead might not hear Secondly It was no great Kindness in Turbervil 's Relations to give him Seven Pounds as his Brother attests never to see him more They rather purchased his absence then did him a Kindness by such a Favour To which the Papists answer To the first Groundless Surmises of private unkindnesses which none ever yet came to the knowledge of nor Turbervil himself so much as pretends Is a strange way of clearing a Man in open Court from the guilt of Perjury To frame and fancy things that possibly might be and draw prejudicial Inferences from thence as if they actually had been is unjust proceeding To the second Turbervil as his Brother attests never had one angry word from his Relations and when his Sister gave him Seven pounds it was not to purchase his absence nor did they turn him away But he himself ashamed it seems of his past misdemeanours and confounded at the goodness of his Friends Said He would never trouble them more FIfthly Turbervil in his Information given to the House of Commons Swore That be came to Live with the Lord Powis in the year 73. and came into England in the year 76. But the next day after he had given in this Information he altered the aforenamed Dates and instead of 73. caused to be inserted 72. And instead of 76. caused to be Inserted 75. which Alteration my Lord affirmed included Perjury UPon this proof the Managers made this Observation An Honest man may mistake as to point of time in an Evidence given even upon Oath And to Rectify such a mistake the very next day after it was committed denotes rather Tenderness of Conscience then Perjury in Turbervil To which the Papists answer No Honest man will positively Swear to what he knows not And it is argued Turbervil when he gave in his Information certainly knew whether the matters and circumstances he then Swore to were True or False or Dubious It the first he is Perjured in the Alteration If the second he is â—â—jured in the Information If the third he is not a person of Honesty and Credit who will positively Swear without Hesitation to a thing of which he is ignorant whether True or False And therefore the Alteration made upon second Though sâ— cannot in such a Case be justly imputed to Tenderness of Conscience but to some not before conceived Apprehensions of being taken Tardy in a Lye SIxthly Turbervil in the Information given to the said House of Commons and Exhibited in Court Peremptorily Swore That my Lord came over out of France in the Company of Count Gramount by the way of Calais In direct opposition to this Information my Lord proved that he neither came out of France in the Company of Count Gramount not by the way of Calais but by the way of Deep a Month after Count Gramount was in England The Witnesses who gave Attestation of this were Mr. Wyborne who went over from England to Deep in the same Yacht which fetched my Lord and Mr. â—urness and George Leigh my Lords Servants who came with my Lord in the said Yacht from Deep to England UPon these Proofs of Perjury the Managers made this Observation When Mr. Turbervil Deposed My Lord came over by the way of Calais in the Company of Count Gramount it could not be his Intention to say this as a matter of his own knowledge seeing he himself in the same Affidavit tells us He came away before my Lord and had not his passage with him Put the words Candidly taken are to be understood That he was informed my Lord came over by the way of Calais in the Company of Count Gramoun Now that Mr. Turbervil was thus informed is evident as well by the Letter which he saith he received at Deep from my Lord as also by the asorementioned Attestation of
Mort who sayeth That being at Deep Turbervil told him if they went to Calais they might go over with my Lord in the Yacht so that in the whole Mr. Turbervil may be said to have been peradventure something unwary in expressing himself but not Perjured in his Evidence To which the Papists answer To excuse a man from Pejury by pretending an occuls meaning and intention in the Swearer not expressed in the words of his Oath is such an Evasion as if admitted would destroy the Integrity of an Oath and elude all proof of Perjury whatsoever Turbervil Swears in down right terms my Lord came over by the way of Calais in the Company of Count Gramount without any addition That he was Informed so In which Oath he is directly Perjured for he Swears as an absolute Truth and without Restriction what of it self is an absolute Lye and what at best he could but Guess at by report and hera-say It is true indeed he contradicts himself in the sequel of his Information by saying He came away before my Lord and had not his Passage with him but it is connatural to Perjury to include contradictions Wicked Men are often blinded with Malice Passion or Interest And no wonder to find Incoherence of parts in a Story divested of Truth The only thing can be collected of Probability in this whole matter is That Turbervil being at Paris in an Indigent condition and desirous to return home got imperfect Intelligence that an English Lord whose name as yet he knew not and a French Count called Gramount had a Yacht waited for them at Diep And having also a Brother then in Paris he sought by his means to gain admittance for a Passage in the said Yacht This design of his he imparts to Mort a Person in the same condition and who had the same purpose with himself Hereupon Mort and he go to Diep in hopes to find the Yacht there but they fail'd of their expectation and Turbervil missing the Yacht would have perswaded Mort to go in the search of it to Calais Whilst they were in this debate they lighted on a Fisher-Boat and so came over in it into England Thus much may be conjectured from the Relation of Mort. But that Turbervil during his stay at Diep reccived a Letter from my Lord intimating his intention of coming for England by the way of Calais and that he should hasten to meet him at London is a most palpable Forgery For neither could Turbervil when required produce any such Letter nor did my Lord come over by the way of Calais as Turbervil would have us believe that Letter Imported And indeed who can imagine my Lord should send word to his new Confederate at Diep to hasten to meet him at London when he himself remained at Paris as hath been proved above a month after and at length also came not to Calais but to Diep and from thence home so that here is nothing but contradictions in the whole course of Turbervil's Evidence SEventhly Turbervil in the last mentioned Information positively Swore That the Lord Castlemain was present at certain Fraiterous Consults at Powis-Castle several times within the years 72 or 73 Now my Lord proved that the said Earl of Casilemain was never at Powis-Castle within the compass of that whole time This was demonstrated by the Attestation of Mr. Lidcot a Protestant and Fellow of Kings-Colledge in Cambridge who having Lived with the Earl Nine years and particularly Accompanied him in all his Journeys and Residences during those two above named years gave this distinct account out of his Book of Journals viz. My Lord set forth from Liege to Paris January 1st 72. Stilo novo where he remained three Weeks and from thence arrived at London January 24. Stil ' vet there he staid till May 73 from thence he went to Liege again in June and from Liege he set forth to London in August and returned back to Liege October the 3. Stilo novo 73. where he remained till January 74. c. Thus much to the charge of Perjury UPon this proof of Perjury the Mannagers made this Observation Mr. Lydcot the Fellow of Kings-Colledge as he call'd himself was indeed so out in his Arithmatick so mistaken in the year And used the Roman stile or date so much more then the English That they suspected he was not so great a Protcstant as he pretended to be To which the Papists answer That a solid Witness ought not be Railed out of his Evidence in a matter of Life and Death Mr. Lydcot however skilled in Arithmatick however great or little Protestant substantially proved the Earl of Castlemain never was at or near Powis-Castle from the first of January 72 till past December 73. the inclusive time wherein Turbervil Swears He was at a Consult there And it is strange so weighty and convincing a proof of Perjury in a matter of so high and serious a concern should be shifted off by a trissing Jest LAstly 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 Hobby and Scudamore Deposed That they knew Turbervil but for their parts never heard or saw any evil by him Mr. Matthews a Minister Deposed the same as to Turbervil's Reputation and added That Turbervil a little before he made his Discovery owned himself a Roman-Catholick but seemed to have a mind to quit that Religion being convinced by the Arguments Matthews gave him of the Excellency of the Principles and Practices of the Protestant Church yet would never acknowledge he knew one Syllable of the Plot. UPon these several Remarques the Mannagers made this Observation The good Character here given of Turbervil by four Witnesses shew him a Man of much Vertue and Integrity And it ought to be considered as a farther addition to his Praise that he had the grace though indigent to refuse the proposal made to him by my Lord of Killing the King To which the Papists answer It is no sufficient proof of Turbervil's Vertue and Integrity that four Persons say They know no ill of him He may be guilty nevertheless of a Thousand Crimes unknown to them few or none are so intirely abandoned or detested by all Mankind as not to find four Persons in the World who will make a favourable report of them But it is evident from what hath been already proved That Turbervil was a man in all points compleatly equipped for a Knight of the Post For first he was indigent Secondly he was horridly addicted to Cursing and Swearing Thirdly he looked upon feigning Discoveries as the only way to get Moneys All this is manifested by his own Words and conversation with Mr. Yalden and Mr. Porter before mentioned As I hope for Salvation said he I know nothing of the Plot. The