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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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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
Stafford's Memoires OR A Brief and Impartial Account OF THE BIRTH and QUALITY IMPRISONMENT TRYAL PRINCIPLES DECLARATION COMPORTMENT DEVOTION Last SPEECH and Final END OF WILLIAM late Lord Viscount STAFFORD Beheaded upon Tower-hill on Wednesday the 29. of December 1681. Published for Rectifying all Mistakes upon this Subject Wisd 4. Vitam illorum estimabamus insaniam Finem illorum sine Honore c. Hereunto is also annexed a short APPENDIX concerning some Passages in STEPHEN COLLEDGES TRIAL Printed in the Year MDCLXXXI The INTRODUCTION IT is a wonder to see how Passion and Interest predominate over Reason in Mankind Nothing is done nothing said without some tincture of either or both Even common Occurrences are usually related as Men would have them to be rather then as they are Plain-dealing is almost fled And all things now a days whether Private or Publick Sacred or Prophane are according to different Inclinations without regard to Truth promiscuously made the Subject of a Satyr or Panegirick An obvious example of this we have in the several accounts given of the Tryal Declaration Demeanor and Death of the late Lord Stafford concerning whose Tragedy though acted for the most part in the face of the whole Nation yet there have flown about in a manner as many and those contradictory Stories as there are Relaters and such as know least commonly talk most to compleat the Error It is true the Printed Tryal set forth by Authority is no wise liable to these gross mistakes But it hath swelled in the Press by forms c. To so vast a volume that few can spare either money to buy it or time to read it Besides it is in a manner silent of matters chiefly designed for the Subject of this Treatise viz. My Lords Comportment Declaration Devotion Last Speech and other Occurrences which happened inclusively from the time of his Tryal to his final end Having therefore attained to a most exact and certain knowledge of these particulars I shall for the satisfaction of the curious and manifestation of Truth give together with an abstract of the whole Tryal and some occurrences concerning it a plain and sincere relation of what I know and can by unquestionable Evidence justify to be true And herein I shall also totally abstain from any the les● moralizing upon transactions whereby to forestal the Readers Judgment But contenting my self with a plain and candid Relation of things as I find them leave every one to the freedom of his own censure and verdict upon them SECT I. My Lords Birth Education Quality c. William Howard Viscount Stafford was second Son to Thomas Earl of Arundel and Uncle to the now Duke of Norfolk In his youth he was educated with all care and industry imaginable to improve in him the endowments of Nature and Grace And to speak truth he was ever held to be of a generous Disposition very Charitable Devout addicted to Sobriety inoffensive in his words and a lover of Justice When he arrived to years of maturity he married Mary descended from the ancient Dukes of Buckingham Grandchild to Edward and Sister and sole Heiress to Henry Lord Stafford To whose Title he succeeded being created by the late King Charles of Glorious memory Baron Anno 1640. And soon after Viscount Stafford During the time of the last bloody Rebellion he suffer'd much for his Loyalty to the King Always behaving himself with that courage and constancy as became a Nobleman a good Christian and a faithful Subject After his present Majesties joyful restauration he lived in Peace Plenty and Happiness Being blessed with a most Virtuous Lady to his Wife And many pious and dutiful Children In which state he remained till the 66. year of his age when happened this Revolution of his fortune as followeth SECT II. My Lords Imprisonment Charge and Arraignment c. ABout Michaelmas Anno 1678. Mr. Titus Oates formerly a Minister of the Church of England accused upon Oath before the King and Council and not long after also before the two Houses of Parliament several Roman Catholicks some Persons of Quality and amongst the rest the Lord Viscount Stafford of High Treason for intending and designing the Death of the King the introducing of Popery and subversion of the Government My Lord though he immediately heard of this Impeachment yet relying as he said on his own Innocence never left his Family nor withdrew himself from his ordinary known Acquaintance and Affairs till the 25th of October 78. when by Virtue of a Warrant from the Lord Chief Justice he was sent Prisoner to the Kings Bench and from thence soon after to the Tower where he remained above two years before he could be admitted to Tryal During this interval the whole Nation was surprized and allarm'd with the noise of an horrid Plot contriv'd by the Pope Priests and Jesuits wherein the King was to be murthered Armies raised Protestants Massacred and the three Kingdoms destroyed by Fire and Sword the People were affrighted searches made Guards doubled and all in an uproar The King hereupon consulted the Parliament and both Houses declared it a Plot. Yet to strengthen the Evidence as yet but weak and make farther discoveries Indempnities are promised Rewards proposed and encouragements given by Proclamation to any who would make out upon Oath the particulars of what in substance was already declar'd By this and the like sedulity of the King and three succeeding Parliaments several new Witnesses came in First Captain Bedlow Next Dugdale Prance and two others Bolron and Mowbray out of the North Then Mr. Jennison Smith Seigneur Francisco Dangerfield Zeile Lewis c. Lastly one Mr. Turbervile who together with Oates and Dugdale gave Evidence against this Lord Stafford of whom we now treat After two years Imprisonment when many Roman Catholicks both Priests and others had been Executed and most of the rest Imprisoned or fled At length my Lord was brought to his Tryal on the 30 th day of Novem. 1680. at the Peers Bar in Westminster-Hall the House of Commons being present and the Lord Chancellor High-Steward of England The Impeachment was drawn in the name of the Commons of England wherein my Lord was charged together with other Papists for having imagin'd and contriv'd to murder the King to introduce Popery and subvert the good Government of Church and State established by Law To this Impeachment my Lord being thereupon arraigned pleaded Not Guilty Allegations in proof of the Plot in general ¶ 1. THen the Cause was opened and the Commons Learned Counsel who were appointed Managers of the Tryal set forth the Charge in most Copious and Eloquent Language And beginning first with the Plot in general they shew'd to the life the Wickedness the Malice the Horror of so Dreadful Bloudy and Hellish a Design They strongly insisted on the express Positive Oaths of the Witnesses upon whose Testimony the credit of this Plot chiefly depended They amply dilated upon the Letters of Coleman
fortnights acquaintance and promise of Secrecy my Lord proposed unto him a way whereby as he said he might not only retrieve his credit with his Relations but also make himself an happy Man which way at last my Lord told him in direct terms was To take away the life of the King of England who was an Heretick and consequently a Rebel against God Almighty For circumstantial instances of this Turbervil Swore That he had during that fortnights acquaintance frequent access to my Lord at his Lodgings That when he took leave of him to come for England his Lordship was troubled with the Gout and had his Foot on a Stool That my Lord had appointed him to wait for him at Diepe in order to his coming over with him in a Yacht That accordingly Turbervil went to Diepe but that being there my Lord writ him word he had altered his resolution and would take his Journey by the way of Callice and that he should hasten to attend his Lordship at London That hereupon he came into England but soon after returned again into France because not being willing to undertake my Lord's proposals he was discountenanced by his Friends reduced to poverty And thought himself not safe even amongst his own Relations My Lord's Exceptions TO this deposition my Lord pleaded in his defence That Turbervil had Perjured himself in several parts of this and other his Depositions First Turbervil here Swears my Lord made a Proposal to him in direct terms To take away the Life of the King Now my Lord proved That since the discovery of the Plot The said Turbervil did absolutely Forswear any knowledge he ever had of any design or any Plot whatsoever against the King's Person Life or Government The Witnesses were these John Porter a Protestant attested That Turbervil told him several times He did verily believe neither the Lord Powis nor the rest of the Lords were in the Plot And the Witnesses that Swore against them he believed were all Perjured and could not believe any thing of it Porter Answered If there was such a thing He Turbervil having been beyond Seas must certainly know of it Turbervil reply'd As he hoped for Salvation he knew nothing of it neither directly nor indirectly against the Kings Sacred Person nor Subversion of the Government And he further added Although I am a little low at present and my Friends will not look upon me yet I hope God Almighty will never leave me so much as to let me Swear against Innocent Persons and Forswear and Damn my self Mr. Yalden a Protestant and Barrister at Law attested That he heard Turbervil say in an heat these words viz. God damn me now there is no Trade good but that of a Discoverer But the Devil take the Duke of York Monmouth Plot and all for I know nothing of it To Confront these Testimonies the Mannagers produced one Mr. Powel and Mr. Arnold who deposed That Turbervil told them He had much to say in relation to the Plot but did not name any particulars fearing he said he might be discouraged in it UPon these Testimonies of Mr. Porter and Mr. Yalden The Mannagers made these Observations First It is not probable that Turbervil designing to be a Discoverer should disable himself ever to be so by Swearing Horrid Oaths he knew nothing of the Plot. Secondly The Testimony of Porter and Yalden are opposed by the contrary Testimony of Powel and Arnold To which the Papists answer To the first It is not improbable but very likely that Turbervil as yet not fully resolved to make Shipwrack of his Conscience and Honesty did often protest He knew nothing of the Plot And if the positive attestation of two credible Witnesses may be admitted for good Evidence It is not bare probability but just and solid proof that he did so And by consequence his present Discoveries ought not to be regarded otherwise then as the new and gainful Inventions of a Perjured Man To the second The Testimony of Powel and Arnold hath no manner of weight against my Lord's Evidence but rather compleats the charge of Perjury against Turbervil For it is granted that Turbervil hath said and Swore both to Powel Arnold and the whole House of Parliament He knew much of the Plot. But this being directly contradictory to the dreadful Oaths here attested by Porter and Yalden and no wise denyed by Powel and Arnold It followeth by the Testimony of all the four Witnesses that Turbervil is guilty of Perjury SEcondly Turbervil Swears That during the Fortnights acquaintance with my Lord at Paris he had by means of the Priests frequent access to him at his Lodgings there Now my Lord's Gentleman and Page who both then constantly waited on him attested They never once saw Turbervil there And Turbervil himself acknowledged in Court He knew them not To qualify this Evidence Thomas Mort was called who deposed That he being at Paris and desirous to return into England Turbervil told him his Brother the Monk had introduced him into the savour of a Lord by which means they might both of them have the convenience of passage in a Yacht which staid for my Lord at Diep That hereupon they went to Diep but finding no Yacht there Turbervil told him If they went to Calis they might go over with my Lord from thence in the Yacht At last they light on a Fisher-Boat at Diep and so came over in it But that this forementioned Lord was my Lord Stafford or that he ever saw Turbervil in my Lord's Lodgings or Company at Paris or else-where he could not say UPon these Testimonies the Mannagers made this Observation v●z The Priests had such a transcendent Insluence over my Lord as might gain admittance for any whom they pleased not only into my Lord's House but also into my Lord's Heart without the privity or knowledge of his Servants Now it plainly appears by the attestation of Mort that Turbervil through his Brother the Monk's means was become my Lord's Favourite To which the Papists answer It is not proved either that the Priests had such a Transcendent Influence over my Lord's House and Heart or that Turbervil through their means became a Favourite Mort indeed tells us Turbervil told him His Brother the Monk had Introduced him into the Favour of a Lord And this Favour only to come over with him in a Yacht For the Truth of which also he had only Turbervil's word and the thing it self never performed Must we from hence infer my Lord had given his Heart to the Priests and they had Introduced Turbervil into it A strange Inference But let it be granted my Lord had a real Friendship and Kindness for the Monks what then How is it proved they imployed their Interest with him in Trayterous Designs Why Turbervil Swears it Thus one Forgery is made use of to support another and nothing but proofless Fictions to make all out Yet to