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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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in Conscience to defend their King and Countrey at the hazard of their Lives and Fortunes even against the Pope himself in case he should invade the Nation 8. And as for Problematical Disputes or Errors of particular Divines in this or any other matter whatsoever the Catholick Church is no wise responsible for them Nor are Catholicks as Catholicks justly punishable on their Account But 9 As for the King-Killing Doctrine or Murder of Princes Excomunicated for Heresie It is an Article of Faith in the Catholick Church and expresly declared in the General Council of Constance That such Doctrine is Damnable and Heretical being contrary to the known Laws of God and Nature 10. Personal Misdemeanors of what Nature soever ought not to be Imputed to the Catholick Church when not Justifiable by the Tenents of her Faith and Doctrine For which Reason though the Stories of the Paris Massacre the Irish Cruelties Or Powder-Plot had been exactly true which yet for the most part are Notoriously mis-related nevertheless Catholicks as Catholicks ought not to Suffer for such Offences any more then the Eleven Apostles ought to have Suffered for Judas's Treachery 11. It is an Article of the Catholick Faith to believe That no Power on Earth can Licence Men to Lye to Forswear and Perjure themselves to Massacre their Neighbours or destroy their Native Countrey on pretence of promoting the Catholick Cause or Religion Furthermore all Pardons and Dispensations granted or pretended to be granted in order to any such ends or Designs have no other validity or Effect then to add Sacriledge and Blasphemy to the above-mentioned Crimes 12. The Doctrine of Equivocation or Mental Reservation however wrongfully Imposed on the Catholick Religion is notwithstanding neither taught nor approved by the Church as any part of her Belief On the contrary Simplicity and Godly Sincerity are constantly recomended by her as truly Christian Vertues necessary to the Conservation of Justice Truth and Common Society PARAGRAPH III. Of some Particular controverted Points of Faith 1. EVery Catholick is oblig'd to believe that when a Sinner Repenteth him of his Sins from the bottom of his Heart and Acknowledgeth his Transgressions to God and his Ministers the Dispensers of the Mysteries of Christ resolving to turn from his evil ways and bring forth Fruits worthy of Penance there is then and 〈◊〉 otherwise an Authority left by Christ to Absolve such a Penitent Sinner from his Sins which Authority Christ gave to his apostles and their Successors the Bishops and Priests of the Catholick Church in those words when he said Receive ye the Holy Ghost whose Sins you shall ●orgive they are forgiven unto them c. 2. Though no Creature whatsoever can make Condign satisfaction either for the Guilt of Sin or the Pain Eternal due to it This satisfaction being proper to Christ our Saviour only yet Penitent Sinners Redeemed by Christ may as members of Christ in some measure satisfie by Prayer Fasting Almes Deeds and other works of Piety for the Temporal Paine which by order of Divine Justice sometimes remains due after the guilt of Sin and Pains Eternal are gratis remitted These Penitential Works are notwithstanding satisfactory no otherwise than as joyned and applyed to that satisfaction which Jesus made upon the Cross in vertue of which alone all our good Works find a grateful acceptance in God's Sight 3. The Guilt of Sin or Pain Eternal due to it is never remitted by Indulgences but only such Temporal Punishments as remain due after the Guilt is remitted These Indulgences being nothing else than a Mitigation or Relaxation upon just causes of Canonical Penances enjoyned by the Pastors of the Church on Penitent Sinners according to their several Degrees of Demerit And if any abuses or mistakes be sometimes committed in point either of Granting or Gaining Indulgences through the Remisness or Ignorance of particular Persons contrary to the ancient Custom and Discipline of the Church such Abuses or Mistakes cannot rationally be charged on the Church nor render matter of Derision in prejudice to her Faith and Doctrine 4. Catholicks hold there is a Purgatory that is to say a Place or State where Souls departing this Life with Remission of their Sins as to the Eternal Guilt or Pain yet Obnoxious to some Temporal Punishment still Remaining due Or not perfectly freed from the Blemish of some venial Defects or Deordinations as Idle Words c. not liable to Damnation are purged before their Admittance into Heaven where nothing that is defiled can enter Furthermore 5. Catholicks also hold That such Souls so detained in Purgatory being the Living Members of Christ Jesus are Relieved by the Prayers and Suffrages of their Fellow-members here on Earth But where this place is Of what nature or quality the Pains are How long each Soul is detained there After what manner the Suffrages made in their behalf are applyed Whether by way of Satisfaction or Intercession c. are Questions Superfluous and Impertinent as to Faith 6. No Man though just can Merit either an Increase of Sanctity or Happiness in this Life or Eternal Glory in the next Independent on the Merits and Passion of Christ Nevertheless in and by the Merits of Christ Jesus the good Works of a Just Man proceed●ng from Grace and Charity are acceptable to God so far forth as to be through his Goodness and Sacred Promise Truly Meritorious of Eternal Life 7. It is an Article of the Catholick Faith That in the most Holy Sacrament of the Eucharist there is Truly and Really contained the Body of Christ which was delivered for us and his Bloud which was shed for the Remission of Sins The substance of Bread and Wine being by the powerful Words of Christ changed into the Substance of his Blessed Body and Bloud the Species or Accidents of Bread and Wine still remaining Thus 8. Christ is not present in this Sacrament according to his natural way of Existence that is with extension of parts in order to place c. but after a Supernatural manner one and the same in many places and whole in every part of the Symbols This therefore is a Real Substantial yet Sacramental Presence of Christ's Body and Bloud not exposed to the external Senses nor Obnoxious to corporeal Contingences 9. Neither is the Body of Christ in this Holy Sacrament Separated from his Bloud or his Bloud from his Body or either of both disjoyned from his Soul and Divinity but all and whole living Jesus is entirely contained under either Species so that whosoever receiveth under one kind is truly partaker of the whole Sacrament and no wise deprived either of the Body or Bloud of Christ True it is 10. Our Saviour Jesus Christ left unto us his Body and Bloud under two distinct
Damnation and this at a time when they might have saved both Bodies and Souls by meerly discharging a good Conscience in acknowledging the Truth and becoming honest men This I say is Inhumane and contradictory to all sense and reason to believe Now therefore I come to what you so often and so earnestly press me to viz. To satisfie the world and clear myself my Fellow Sufferers and my Religion from the imputation laid upon us on pretence of such Principles by a true and candid Explanation of my Belief and Judgment in the main points of Faith and Loyalty controverted between Catholicks and Protestants as they severally relate to God and the King PARAGRAPH I. Of the Catholick Faith and Church in General 1. THe Fruition of God and Remission of Sin is not attainable by man otherwise then in and by the Merits of Jesus Christ who gratis purchased it for us 2. These Merits of Christ are not applied to us otherwise that by a Right Faith in Christ 3. This Faith is but One entire and conformable to its Obiect being Divine Revelations to all which Faith gives an undoubted assent 4. These Revelations contain many Mysteries transcending the natural reach of Humane Wit and Industry Wherefore 5. It became the Divine Wisdom and Goodness to provide Man of some way or means whereby he might arrive to the knowledge of these Mysteries Means visible and apparent to all Means proportionable to the Capacities of all Means sure and certain to all 6. This way or means is not the reading of Scripture interpreted according to the private Reason or Spirit of every disjunctive Person or Nation in particular But 7 It is an Attention and Submission to the Doctrine of the Catholick or Vniversal Church established by Christ for the Instruction of all Spread for that end throughout all Nations and visibly continued in a Succession of Pastors and People throughout all Ages From which Ghurch Guided in Truth and secured from Error in Matters of Faith by the promised Assistance of the Holy Ghost every one may and ought to Learn both the Right Sense of Scripture and all other Christian Mysteries and Duties respectively necessary to Salvation 8. This Church thus Spread thus Guided thus visibly Continued in One Vniform Faith and Subordination of Government is that self same which is termed the Roman Catholick Church The Qualifications abovementioned viz. Vnity Indeficiency Visibility Succession and Vniversality being applicable to no other Church or Assembly whatsoever 9. From the Testimony and Authority of This Church it is that We Receive and Believe the Scriptures to be God's Word And as She can assuredly tell Us This or That Book is God's Word so can she with the like Assurance tell us also the True Sense and Meaning of it in Controverted Points of Faith The same Spirit that Writ the Scripture Enlightning Her to Understand both It and all Matters Necessary to Salvation From These Grounds it Follows 10. All and only Divine Revelations deliver'd by God unto the Church and proposed by Her to be Believed as such are and ought to be esteem'd Articles of Faith and the contrary Opinions Heresie And 11. As an Obstinate Seperation from the Vnity of the Church in known declared Matters of Faith is formal Heresie So a wilful Separation from the Visible Vnity of the same Church in Matters of Subordination and Government is formal Schism 12. The Church proposeth unto Us matters of Faith First and chiefly By the Holy Scripture in Points plain and Intelligible in it Secondly By Definitions of General Councils in Points not sufficiently Explained in Scripture Thirdly By Apostolical Traditions deriv'd from Christ and his Apostles to all Succeeding ages Fourthly By her Practice Worship and Ceremonies Confirming her Doctrine PARAGRAPH II. Of Spiritual and Temporal Authority 1. GEneral Councils which are the Church of God Representative have no Commission from Christ to Frame new matters of Faith these being sole Divine Revelations but only to explain and ascertain unto us what antiently was and is received and retained as of Faith in the Church upon arising Debates and Controversies about them The Definitions of which General Councils in matters of Faith only and proposed as such oblige under pain of Heresie all the Faithful to a Submission of Judgment But 2. It is no Article of Faith to believe That General Councils cannot Err. either in matters of Fact or Discipline alterably by circumstances of time and place or in matters of Speculation or Civil Policy depending on meer humane Judgment or Testimony Neither of those being Divine Revelations deposited in the Catholick Church in regard to which alone she hath the promised Assistance of the Holy Ghost Hence it is deduced 3 If a General Council much less a Papal Consistory should undertake to depose a King and absolve his Subjects from their Allegiance no Catholick as Catholick is bound to submit to such a Decree Hence also it followeth 4. The Subjects of the King of England lawfully may without the least breach of any Catholick Principle Renounce even upon Oath the Teaching Mantaining or Practising the Doctrine of Deposing Kings Excommunicated for Heresie by any Authority whatsoever as Repugnant to the Fundamental Laws of the Nation Injurious to Soveraign Power Destructive to the Peace and Government and by consequence in His Majesties Subjects Impious and Damnable Yet not properly Heretical taking the Word Heretical in that connatural genuine sense it is usually understood in the Catholick Church on account of which and other Expressions no wise appertaining to Loyalty it is that Catholicks of tender Consciences refuse the Oath commonly called the Oath of Allegiance 5. Catholicks believe That the Bishop of Rome is the Successor of St. Peter Vicar of Jesus Christ upon Earth and Head of the whole Catholick Church which Church is therefore fitly stiled Roman Catholick being an universal Body united under one visible Head Nevertheless 6. It is no matter of Faith to be believe That the Pope is in himself Infallible seperate from a General Council even in Expounding the Faith By consequence Papal Definitions or Decrees though ex Cathedra as they term them taken exclusively from a General Council or Universal Acceptance of the Church oblige none under Pain of Heresie to an interior Assent 7. Nor do Catholicks as Catholicks believe that the Pope hath any direct or indirect Authority over the Temporal Power and Jurisdiction of Princes Hence If the Pope should pretend to Absolve or Dispence with His Majesties Subjects from their Allegiance upon account of Heresie or Schism such Dispensation would be Vain and Null and all Catholick Subjects notwithstanding such Dispensation or Absolution would be still bound
way of Presents from some great Persons by taking of Jesuits and Printing of Narratives But did not all these Gains accrue unto him on the account of the Plot On what other score were these Presents made by Great Persons Had he any other Trade or Livelyhood then that of the Kings Evidence Is it not too manifest those Gifts were bestowed on him as a Reward of Past and Encouragement of Future Swearing Would to God such great Persons would duly consider the Dismal Consequences which necessarily follow such Rewards THe second Exception made by my Lord against Oates's Evidence was That the said Oates had Perjur'd himself in two Depositions directly contradictory to each other For proof of this my Lord appealed to divers of the Lords themselves who were present at both the said Depositions amongst whom the Earl of Berkley being required to speak what he knew Attested That my Lord Chancellour did ask Dr. Oates at the Bar of the House this Question viz. My Lords desire to know if you can accuse any other Person or Persons of what quality soever And you are encouraged by their Lordships to Accuse them Oates his answer was My Lords I have no more to Accuse in Relation to England Notwithstanding which Deposition he afterwards in another with unspeakable Insolence expresly Accused the Queen in a matter as he thought of no less then High Treason From hence my Lord concluded if the first Deposition was True Oates was Perjured in the Latter If the Latter was True he was Perjur'd in the First So that which of the two soever is True or False he is guilty of Perjury 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 afterward he saw the Queen there Thirdly It might not be so clear to Dr. Oates whether the Queen was a Person capable of an Accusation so as to be Tryed for Treason To which the Papists answer To the first 'T is an evasion contradictory to common Sense that a Man whose Business and Study it was to Discover a Plot against the Life of the King and who by several long premeditated Depositions had as he said discharged himself of all he knew should notwithstanding all this while never remember the most Essential part viz The Inhumane Murder of the King Designed and Consented to by his own Royal Consort To the second Oates Deposed upon Oath he heard such words and circumstanced them with such particulars of Time and Place as plainly denote he intended a full and home Accusation against the Queen And granted his Evidence was not positive yet the matter was of such dangerous consequence as ought not to be concealed especially at a time when he was upon his Oath to speak all he knew and when he pretended by Discoveries to Save the Life of the King To the third Though Oates left to himself be very Stupid yet he could not be so Ignorant us not to know that a Queen designing to Murder the King her Husband is guilty of Treason And whether She was liable to a Tryal or no. Oates was guilty of Perjury In that being Commanded and Encouraged by the Lords to make an entire Discovery of all he knew against any Person of what Degree or Quality soever he expresly Swore He had no more to Accuse in England Indeed the Transcendent Lustre of the Queens Vertue Innocence and Endeared Affection to His Majesty leaves no place for Calumny to fix upon And the bare Charge of so soul a Crime upon so Renowned a Goodness is of it self Independent of other Contradictions a more then sufficient Conviction of Oates's Perjury THe third Exception made by my Lord against Oate's Evidence was That though Oates in his several Depositions particularly those taken before the Privy Councel and House of Lords did often affirm he had given an entire and Faithful account to the best of his rememberance Of all whatsoever he knew as to the matters and Persons concern'd in the Plot And though he had then also time and opportunity to reflect and deliberate upon what might any wise relate to my Lord Stafford in that affair yet he never accused him of any other thing then only That he had seen beyond the Seas some Letters Signed Stafford wherein the Writer had testifyed his Zeal for the Catholick Design But when afterwards consulting with himself and possibly with some others he found this slam of his would not amount to any thing material whereon to ground an Impeachment he Invented and Imposed upon my Lord a Commission of Pay-Master-General to the Army a device he never once thought on before From which proceeding my Lord argued If there were such a Commission receiv'd by my Lord at Fenwick's Chamber in such a manner as Oates relates this Commission being a matter of so grand Importance and the Delivery of it accompanied with so many remarkable circumstances in the very presence of Oates It is impossible that the said Oates who as he said on purpose for Discovery had taken Notes and Memorials even of Trivial Occurrences should forget and by consequence omit a thing of this high concern in his former Depositions But if there were no such Commission as most assuredly there was none then is Oates Perjur'd in his present Evidence And verily added my Lord if it be permitted to this man daily to frame New Accusations If easie credit be given to all his Fables and whatsoever he shall from time to time Invent may pass for good Evidence Who can be secure At this rate he may by degrees Impeach the whole Nation for Crimes which neither he nor any man else ever yet dream'd on UPon these Arguments and Inferences made by my Lord the Managers would not and the Papists say They need not make any Remarks THe fourth Exception made by my Lord against Oates his Evidence was That whereas Oates now declares He never was really a Roman Catholick but only Feigned himself to be so My Lord often and strongly insisted That a Protestant of the Church of England who convinced in his Judgment of the Truth of his Religion shall nevertheless on what pretence soever Provoke God belye his own Conscience and violate all Sacred things So as to make a solemn Abre●untiation of his Faith and Church to profess himself a Roman Catholick to live amongst them to practice Religious duties with them for three years together and this to such an height of Sacriledge as frequently to receive the Sacrament and perform daily external Worship to it which in the Judgment both of Protestants and Catholicks was to him so believing direct and gross Idolatry
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