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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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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
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 wonderfuly Zealous Pamphlet Entituled The Papists Bloody After-Game writ in Answer to the said MEMOIRS And Published by Langley Curtis 1682. Contraria juxta se posita magis elucescunt London Printed in the Year 1682. THE PUBLISHER TO THE READER IT is the Common Fate of all Treatises writ in Matters of Contest by Opposite Parties That whilst the One is read without the other neither of both are rightly understood There came forth not long since in Answer to this Treatise call'd Stafford●s Memoires a Pamphlet Entituled The Papists Bloudy After-game Composed by a zealous Protestant-Dissenter and obtruded upon the Vulgar even to Nauseousness on every Bookseller's Stall This Pamphlet we confess hath had the misfortune to be generally reguarded no otherwise then as a meer Bundle of Hideously Rude and Scurrilous Barbarismes and Calumnies proceeding from the Malice and Fury of a Man baffled in Judgment and despairing of success from Sense and Reason Whilst on the other side the Memoires though they hardly appear'd in open view have yet gain'd the Reputation of Modest in expression Impartial in Matter Convincing in Proof and Innoffensive in Stile It is true these so differrent Characters seem to the Godly Party no wise applicable to the desert of either of the Authors The rather because the One of them though abounding alas in Passion and Cholor is yet to be Commended for his exceeding zeal against the Popish Plot And the Other by his reservedness in being exposed and shrewd Arguments made in defence of the Papists Innocence hath given no small umbrage of Suspicion he yeildeth not that Implicit Faith and deference to the Testimony of the Kings Witnesses as may clear him from the Imputation of Popishly affected Nevertheless so it is we know not how the Memoires are grateful and the Pamphlet odious to all indifferent Readers Nay some will needs say though we piously believe otherwise The framing of this Pamphlet was a meer Sham-Plot contriv'd by th' Jesuits on purpose to advance the Credit of the Memoires and Prejudice a good Cause by an Ill Vindication But 't is hoped there will shortly be Printed something by way of an Apology in behalf of the Pamphleteer In the mean while That the two Antagonists may stand in equal Balance and both be impartially submitted to each judicious Censure see the scope of our Present Design The Memoires are here made Publick The Pamphlet being already obvious to every Eye and Ear. 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 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 volumn 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 justifie to be true And herein I shall also totally abstain from any the least 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 Lord's 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 antient Dukes of Buckingham Grand-child 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 late bloudy 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 remain'd till the 66. year of his age when happened this Revolution of his fortune as follows SECT II. My Lords Imprisonment Charge and Arraignment c. ABout Michaelmas Anno 1678. Mr. Titus Oates formerly a Minister of the Church of England accus'd upon Oath before the King and Council 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 c. 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 25 th of October 78. when by Warrant from the Lord Chief Justice he was sent Prisoner to the Kings Bench and from thence soon after
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 Favour 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 Calais they might go over with my Lord from thence in the Yacht At last they lighted 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 Lords Lodgings or Company at Paris or else-where he could not say UPon these Testimonies the Managers made this Observation viz. The Priests had such a transcendent Influence over my Lord as might gain admittance for any whom they pleased not only into my Lords House but also into my Lords Heart without the privity or knowledge of his Servants Now it plainly appears by the attestation of Mort that Turbervil through his Brothers the Monk's means was become my Lords Favourite To which the Papists answer It is not proved either that the Priests had such a transcendent Influence over my Lords House and Heart or that Turbervil through their means became a Favorite 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 come more close to the present Evidence Had the Papists 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 said 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 immediatly 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 Circumstances should not know these Servants nor be known or so much as once seene 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 Stamford testified made him sometimes formerly though never at Paris walk with a Staff UPon these Testimonies the Managers 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 material to the main Accusation yet he that shall wilfully Perjure himself in any one Circumstance ought not to be credited in the whole Seing 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 Frjers 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 Managers made these Observations First Though Turbervil might per adventure 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 he 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 his Information he altered the aforenamed Date 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 Rectifie such a mistake the very next day after it was committed denotes rather Tenderness of Conscience