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

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Doctrine contained in these propositions and other like expressions in the same Chapters as new False Erroneous contrary to the word of God drawing hatred upon the Pontificial Dignity giving occasion to Schism Derogatory from the Supreme authority of Kings dependant on God alone hindring the conversion of Heathen and Heretical Princes disturbing the publick Peace Destructive to Kingdoms States and Common-Wealths withdrawing Subjects from Obedience and Subjection and exciting to Factions Rebellions Seditions and Murder of Princes Given in the Sorbon the 4 th of April 1626. Taken out of the Archives of the foresaid Faculty by me Secretary thereof the 26 th of September 1679. MASSIN MY Lords fifth Testimony was taken from a little Treatise writ as my Lord said by a Priest of the Church of Rome and entituled Roman-Catholick Principles in Reference to God and the King The chief Contents of which Treatise Because it in short explains the above-named Principles and clears the Objections usually made on this Subject I shall here insert in the Authors own Words for the Readers more ample satisfaction IS it not strange and severe saith this Author That Principles of Treason Rebellion Murder c. and those pretended of Faith too should be imposed upon Men which they themselves renounce and detest If the Turk's Alcoran should in like manner be urg'd upon us and we hang'd up for Mahumetans all we could do or say in such a Case would be patiently to die with Protestation of our own Innocence And this is the posture of our present Condition We abhor we renounce we a●●minate such Principles We protest against them and seal our Protestations with our Dying Breaths What shall we say What can we do more To accuse men as guilty in matters of Faith which they never own'd is the same thing as to condemn them for matters of Fact which they never did You press the Question and say some of our General Councils several Papal Decrees and many of our Doctors and Divines assert the fore-mentioned Principles Sir I have been instructed in the Articles of my Faith and I acknowledge the lawful Authority of General Councils yet I profess I never learnt or found asserted in any of them any such Principles And I propose unto you this plain and short Dilemma Either the above-named Principles are esteem'd by us as matters of Faith or not If they be what further can be required of us than to deny and forsake such a Faith And this we constantly do But if they be not matters of Catholick Faith nor owned by us as such why are Catholicks as Catholicks punished for them why is our Religion persecuted on that account Let those in God's Name if any therebe of what Religion soever who bold such Tenents suffer for them why should the Innocent be involv'd with the Guilty there is neither Reason nor Justice in it Hereunto some Persons I hope out of zeal and mis-information rather than malice stick not to say That Dispensations and I know not what Indulgences and Pardons whereby to legitimate the Crimes of Lying and Forswearing when the Interest of our Church requires it is a main part of our Religion and by consequence the denial of our Principles is no sufficient Justification of our Innocence I answer First It is in the highest measure censorious in any one to impose upon all our Ancestors and the greatest part of mankind who are or have been so long together Members of our Religion such an excess of Folly and Wickedness as must needs have perverted all Humane Society Secondly If we could lawfully deny the Principles of our Faith when Interest requires why have we lost our Estates our Liberties our Lives for the profession of it To what purpose are Oaths and Tests devised to intangle us How impertinently is the frequenting the Protestant Church and Receiving the Communion proposed unto us and refused by us Thirdly Though many men may be induced to Lie and Forswear when they have some hopes or prospect thereby of Temporal Advantage yet that persons dying for their Conscience and Religion as divers have done and those no Fools even by the Confession of our Adversaries should be so stupendiously sottish and mad either to imagine that Lies and Perjuries for concealment of Treason Murder Massacre and Destruction of others by Fire and Sword should be Acts of Virtue pleasing to God dispensable by the Pope and Meritorious of Heaven or that on the contrary knowing and believing as needs they must such Monsters and Horrours to be odious and detestable in the sight both of God and Man they should nevertheless upon the very brink of Eternity wittingly and willingly cast themselves headlong into an assured Damnation and this at a time when they might have saved both Bodies and Souls by meerly discharging a good Conscience in acknowledging the Truth and becoming honest men This I say is Inhumane and contradictory to all Sense and Reason to believe Now therefore I come to what you so often and so earnestly press me to viz. to satisfie the world and clear my self 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 than by a Right Faith in Christ 3. This Faith is but One entire and conformable to its Object being Divine Revelation 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 Church 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 above-mentioned 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 Believ'd as such are and ought to be esteem'd Articles of Faith and the contraty Opinions Heresie And 11. As an Obstinate Separation 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 Doctrines 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 in 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 alterable by circumstances of time and place or in matters of Speculation or Civil Policy depending on meer humane Judgment or Testimony Neither of these 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 Catholik Church on account of which and other Expressions no wise appertaining to Loyalty it is that Catholicks of tender Consciences refuse the Oath commonly call d the Oath of Allegience 5. Catholicks believe That the Bishop of Rome is the Successor of St Peter Vicar of Jesns Christ upon Earth and Head of the whole Catholick Church which Church is therefore sitly stiled Roman Catholick being an universal Body united under one visible Head Nevertheless 6. It is no matter of Faith to 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 Vniversal 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 Maiesties Subjects from their Allegiance upon account of Heresie or Schism such Dispensation would be vain and null and all Cathelick Subjects notwithstanding such Dispensation or Absolution would be still bound in Conscience to defend their King and Countrey at the hazard of their Lives and Fortunes 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 Excommunicated 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 Justifyable 〈◊〉 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 It is an Article of the Catholick Faith to believe that no Power on Earth can License 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 recommended 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 obliged 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
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 Depos●ed 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 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 as not to know that a Queen designing to Murder the King her Husband is guilty of Treason and whether She was lyable 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 Virtue Innocence and Endeared Affection to His Majesty leaves no place for Calumny to six 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 Oates'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 remembrance Of all whatsoever he knew as to the matters and persons concerned 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 flamm 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 received 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 saith 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 Perjured in his present Evidence And verily added my Lord if it be permitted to this man dayly 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 deegrees 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 Abrenuntiation of his Faith and Church To profess himself a Roman Catholick to live amongst them to practice Religious duties with them for three years together and this to such an height of Sacriledge as frequently to receive the Sacrament and perform daily external Worship to it which in the Judgment both of Protestants and Catholicks was to him so believing direct and gross Idolatry cannot rationally be supposed to stick at Perjury when Advantageous to him And ought not by the Law of God or Man to be credited or admitted for an Evidence against any one But rather detested and abhorred by all good Men as undeserving the name of a Christian UPon this pressing Inference the Mannagers made this following Observation Suppose Dr. Oates did out of Levity or for want of being well grounded in his own turn to another Religion It is hard That the matter of changing his Religion when nothing else is laid to his charge should disparage his Testimony seeing many who have changed their Religion more then once Example Mr. Chillingworth are yet esteemed credible Persons To which the Papists answer To change from a wrong to a right Religion is no disparagement but Protestants will hardly allow Oate's first pretended change to be such However my Lord insisted not upon the changing but the seigning Religion Oates did not out of Levity or Conviction of Judgment as Mr. Chillingworth turn from his own to another Religion but remaining interiourly of the same belief he exteriously renounced what he so believed and Sacrilegiously practised the direct contrary than which nothing can be more detestable Nay he affirmeth he often received the Sacrament and took dreadful Oaths of Secrecy in pursuance of most Bloody and Hellish Designs If this be true what credit can be given to a Monster accustomed and insured by his own cofession to such damnable Oaths But if it be false as indeed it is then is he Perjured in his Evidence Edward Turbervil's Deposition against my Lord. THe last Witness that gave direct Evidence to my Lord's Impeachment was Edward Turbervil who Swore That in the year 75. he was perswaded by his Friends to take upon him the Fryers habit at Doway That being weary of that state he left it and came into England for which he incurred the displeasure of his Friends and Relations who he said discountenanced him and could not endure to see him That hereupon he went into France and Arrived at Paris and became acquainted with the now Prisoner my Lord Stafford by means of two Priests Father Nelson and Father Turbervil That after a
take upon you the Ministery 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 too 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 Sincerly 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 against 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 beleif 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 Discoverer 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 Perjur'd 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 concurence 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 and 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 Smith and Turbervil be real Papists how is it proved they were imployed to Sham off the Plot Why may not Papists be good Witnesses against the Presbyterians in point of Treason without Suspition of a Sham Is Treason a thing so strange and unheard of amongst the Presbyterians Or why should credit be given to the Witnesses when they Swear against the Papists who are only charged with a Design to Kill the King And Credit be denyed to the same Witnesses when they Swear against those who actually Killed the King Secondly What the least Argument or Appearence is there that Dugdale Smith and Turbervil are Papists or Popishly affected They profess the Protestant Religion They frequent the Protestant Church They receive the Protestant Communion They take all Oaths and Tests can be required of them as was acknowledged in this very Tryal They practise neither Fasting Pennance nor other works of Supererrogation the Symptomes of Popery They pursue their former Design of Swearing against the Papists with as much obstinacy and violence as ever as was likewise proved in this Tryal And is it possible the Papists should imploy in their Shams and Intrigues if they had any the very Persons who at the same time make it their Trade and Lively-hood to cut their Throats Indeed if any of the Witnesses against my Lord Stafford be Popishly affected It is Dr. Oates Whose present Disparagement of his fellow Evidence look's said Mr. Sollicitor General as if he were again returning to St. Omers Lastly It is argued The Jury bringing in Colledge Guilty of High Treason by that very Verdict cleared Dugdale Smith and Turbervil of the Perjury charged upon them by Dr. Oates It is answered First The Jury brought in their Verdict against Colledge not upon the sole Testimony of Dugdale Smith and Turbervil but more especially upon the Evidence given by Sir William Jennings and Mr. Maisters Persons of known worth and honesty As also upon pregnant proof made and acknowledged in a manner by Colledge himself That he by Combination with others appeared in open Arms at an appointed time and place ready for and Designing publique Acts of Hostility in the very presence of the King yet without his Knowledge or Authority which by