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england_n	bishop_n	king_n	sir_n	2,634	5	5.5467	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63211	The tryals and condemnation of Lionel Anderson, alias Munson, William Russel, alias Napper, Charles Parris, alias Parry, Henry Starkey, James Corker, and William Marshal, for high treason, as Romish priests, upon the statute of 27. Eliz. cap. 2 together with the tryal of Alexander Lumsden, a Scotchman, and the arraignment of David Joseph Kemish for the same offence : at the sessions of Oyer and Terminer in the Old-Baily, on Saturday, January 17th, 1679.	Anderson, Lionel, d. 1710, defendant.; Russel, William, defendant.; Parris, Charles, defendant.; Starkey, Henry, defendant.; Lumsden, Alexander, defendant.; Kemish, David Joseph, defendant.; Marshall, William, defendant.; Corker, James Maurus, 1636-1715, defendant.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex).	1680 (1680)	Wing T2243; ESTC R1255	51,984	56

insnared by that Argument that there must be a positive proof of this Reception of Orders from the Church of Rome because it hath been all along accounted and is an undoubted proof for your satisfaction if it appear he hath exercised the Offices of the Function those Offices that are not done but by Priests Now this hath been proved by two witnesses and by the confession of the Priest himself to Dr. Oates and Mr. Dugdale So I must leave it upon the point of Fact to you whether it be not sufficient proof But this Case will differ from all the rest and the Court is very tender in the case of Life that it should be without all question what is determined therefore as to your enquiry for him it must go only whether he be a Priest or no for the others you must consider them as Englishmen and enquire of them as such he is a Scotchman as he says and they say so too Now then there are some words in this Statute whereupon the Court hath conceived a doubt whether his Case comes within them which are the words about the Kings Dominions which now are far more enlarged than were those of the Queen when the Statute was made If then you find him a Priest you must find the other matter specially Mr. J. Ellis Look you Gentlemen we are to be of Counsel for the Prisoner and it being matter of Law we shall take time to advise upon it before we give our opinions in it but for the matter of Fact I doubt not but you will find that he is a Priest and then the other matters that he was born at Aberdeen in Scotland and the other matters you may find specially there needs no more Mr. Record Swear an Officer to keep the Jury Who after the recess of a quarter of an hour returned into the Court and having answered to their Names and appointed their Foreman to give in their Verdict he delivered it thus Cl. of Cr. Lionel Anderson alias Munson hold up thy hand look upon the Prisoner how say you is he guilty of the High Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl. of Cr. James Corker hold up thy hand How say you is he guilty c. Foreman Guilty Cl. of Cr. Is William Marshal guilty c. Foreman Guilty Cl. of Cr. Is William Russel alias Napper guilty c. Foreman Guilty Cl. of Cr. Is Charles Parry guilty c. Foreman Guilty Cl. of Cr. Is Henry Starkey guilty c. Foreman Guilty Cl. of Crown Alexander Lumsden hold up thy hand Look upon the Prisoner How say you Is he Guilty of the High-Treason whereof he stands Indicted or Not Guilty Foreman We find he is Guilty of being a Priest and born at Abberdeen in Scotland Mr. Justice Ellys Read the Notes to them Cl. of Crown You find that Alexander Lumsden is a Scotchman of 58 years of age born at Abberdeen in the Kingdom of Scotland being then under the Dominions of King Charles the First and now under the Dominions of our present Sovereign and in the Reign of the said King Charles the First and that at the time in the Indictment mentioned he was a Priest in Holy Orders by Authority derived from the See of Rome prout in the Indictment And that he came and was remaining in England prout in the Indictmment But whether upon the whole matter he be Guilty of High-Treason within this Law or not you do not know and crave the Opinion of the Court. Foreman Yes Cl. of Crown Then hearken to your Verdict as the Court hath Recorded it You say c. Mr. Recorder Call for the Executioner Then the Judges went off from the Bench and the Court proceeded to Judgment Cl. of Crown Set Lionel Anderson alias Munson to the Bar. Lionel Anderson alias Munson Thou standest Convicted of High-Treason What canst thou say for thy self why Judgment should not pass upon thee to Die according to the Law Anderson I can say this That I would have gone out of England but the King kept me here telling me He had need of my Service and I had a Protection from the Council-Board The Bishop of London when I was taken first sent a Letter to Sir Clement Armiger that neither I nor my Books should be medled with that I had written for the King and the Government for which I was Excommunicated at Rome And when I was taken and in Custody of some of the Horse-Guard the Duke of Monmouth sent to have me freed again I beg'd of the King that I might go said I I wont expose the King to the worst of Rebels but he told me That I should stay in England and Mr. Peter Welsh and I had Orders from the Council he one and I another to stay Mr. Recorder For that matter you may be assured I promise it you faithfully and publickly that I will acquaint the King with what you say Anderson I thank you Sir Mr. Recorder For this Court hath nothing to do with that the King is the proper Judge of that matter to determine his own pleasure as he thinks fit Tye him up Anderson Sir I had no notice of my Tryal but this morning I sent to my Lord Bridgewater to know when I should be Tryed he told me I should have Ten dayes notice of it Now I have Witnesses to disprove Mr. Prance's Testimony for Mr. Oates I own he hath heard me say Mass but for Mr. Bedloes Testimony as I hope to see the face of Almighty God I know him not When I was taken said he to me Mr. Anderson Let me see your Protection and I shewed it him You have two Names said he I do not know whether it be you or no. And then besides these are not legal Witnesses Mr. Recorder Nay that must not be allowed you to say You have been fairly heard and tryed They were upon their Oaths and the Jury Twelve Men upon their Oaths without any Exception made to them they have Convicted you therefore this is to Calumniate the Proceedings of the Court Anderson I tell you this more they are not the Kings Evidence properly for they Swear for themselves upon the accompt of Benefit if any Priest be Convicted they are to have so much Mony Mr. Recorder The Court heard the Evidence that was given and if you will have it of the Court the Court does really believe them and so did the Jury too Anderson I am satisfy'd Mr. Recorder Tye him up then Cl. of Crown James Corker hold up thy Hand You stand Convicted of High-Treason What can you say for your self c. Corker Nothing but that I refer my self to God my Just Judge and Saviour Mr. Recorder Tye him up Cl. of Crown William Marshall hold up thy hand thou art in the same Condition What say'st thou for thy self Marshall I have very little more to say then what I have said already I thought the Law had not allowed any Man

least made doubtful then it becomes a matter of Law and I have just occasion to insist upon it and pray Counsel Mr. Just Dolben You must plead to the Indictment first Marshall Why can I ask Counsel after Plea pleaded Lord Ch. J. Yes you may if matter of Law arise and you may have Counsel as to that matter Mr. Just Atkins The Court is of Counsel for you in such a case Lord Ch. Baron But you must plead first Mr. Just Pemberton You cannot be heard at all till you have pleaded to the Indictment L. C. J. Pray take the directions of the Court. Marshall I have a great deal of reason to submit to this Honourable Court that hath been so full of Mercy and Clemency and therefore I do answer That I am not guilty Cl. of Cr. How wilt thou be tryed Marshall By the King and my Countrey L. C. J. No no that will not do Marshall By God and my Countrey Cl. of Cr. God send thee good deliverance Set Alexander Lumsden to the Bar. Whose Indictment being of the same nature only reciting the Fact to be 11. Maii 31. Car. 2di he pleaded Not Guilty and put himself upon the Countrey Cl. of Cr. Set James Corker to the Bar who was also Arraigned for the same Treason done upon the 24. Octobr. 30. Car. 2di and being asked whether Guilty or not Guilty answered in these words Corker My Lord I humbly beg the Judgment of the Court I humbly conceive my Lord I have been already tryed and acquitted for this Crime L. C. J. Look you that hath been over-ruled already in the case of Marshall just now who is in the same Condition You are not now tryed for the same fact for which you were tryed before Corker My Lord I suppose there is something particular in my case I was expresly indicted as Clerk one that received Orders from the See of Rome Mr. Just Pemberton His Addition was Clerk that is all L. C. J. But you were not charged in that Indictment for this Fact Corker My Lord I pleaded to that Indictment under that Qualification of Clerk L. C. J. So men do when they say in the Indictment Labourer plead to it in that qualification but if a man plead by the name of Gent. the Question is not whether he be a Gent. or no but whether he be Guilty of the Fact he is indicted for and the Question in your case was not whether you were Clerk or were not Clerk but whether you had a hand in the Plot or no. Mr. Just Atkins If the Jury had found you a Priest at that time it had been a void finding more than they were to inquire of Mr. Belwood He was told so at that time he was not tryed for a Priest Mr. Just Ellis After you have Pleaded then you may urge what you have to say Corker Then I say I am not Guilty And he put himself upon the Countrey Cl. of Cr. Set Lionel Anderson alias Munson to the Bar. Whose Indictment was for being a Priest and abiding here the 28 Jan. 30 Car. 2. And he pleaded not Guilty and put himself upon his Country Cl. of Cr. Set Charles Parris alias Parry to the Bar whose Indictment was of the same Nature for abiding here 30 Maij. 31 Car. 2. And he also pleaded Not Guilty and put himself upon the Countrey Cl. of Cr. Set all the Prisoners to the Bar that are to be Tryed William Russel Henry Starkey William Marshall Alexander Lumsden James Corker Lionel Anderson and Charles Parry Captain Richardson They are all on Russel My Lord I have been Confined I have not had my Liberty till within these two or three days L. C. J. What then Russel I have not had my Friends to come to me to advise me upon what account I was to be Tryed Capt. Richardson He says he wanted his Friends to advise for what he was to be Tryed L. C. J. Why he knows he is to be Tryed for a Popish Priest Capt. Richardson Here is one says he is sick L. C. J. Who is that Capt. Richardson 'T is Anderson Mr. J. Pemberton Then he must have a Chair to sit down on L. C. J. Wee 'l Try him first that is sick Then the Prisoners were called to their Challenges and the Jury of Middlesex appearing upon their Summons and none of them being excepted against the Twelve that were first called and Sworn were the Gentlemen after named JURY John Bradshaw Lawrence Wood. Matthew Bateman John Vyner Francis Mayo Martin James Anthony Hall Samuel Jewel Richard Bealing Thomas Hall Richard Bromfield and Samuel Lynne Then they were numbred and Proclamation for Information in usual manner was made L. C. J. Come begin with the Sick-man Anderson and set away the rest Cl. of Cr. Lionel Anderson hold up thy hand You that are Sworn look upon the Prisoner and hearken to his Cause He stands Indicted by the name of Lionel Anderson c. Upon this Indictment he hath been Arraigned and thereunto hath pleaded Not Guilty and for his Tryal hath put himself upon God and his Countrey which Country you are Your Charge is to enquire whether he be Guilty c. Then Roger Belwood Esq of Council for the King in this Cause opened the Indictment Mr. Belwood May it please your Lordship and you Gentlemen of the Jury The Prisoner at the Bar Lionel Anderson alias Munson stands Indicted for High Treason and it is alledged in the Indictment That he being born within the Kings Dominions and made a Priest and having received Orders by pretended Authority from the See of Rome he did the 28th day of January last come into the Kingdom of England that is as 't is laid in the Parish of St. Giles in the Fields in this County and there he did abide contrary to the Form of the Statute And this is laid to be Traiterously done To this he hath pleaded Not Guilty and we are to prove it upon him by the Kings Evidence whom we are now to call Anderson My Lord for my staying in the Kingdom I had the Kings express Command and an Order from the Council-Board in the year 71. They Ordered Mr. Peter Welsh and my self and some more to stay for Writing against the Temporal Power of the Pope for the Power of the King of England against the Court of Rome After this Plot was Discovered I came to the King being afraid of being involved in the general Calamity So I came to the King and said Sir I desire to know what I may do L. C. J. Do Why Anderson Good my Lord hear me out My Lord Privy Seal brought me an Order from the Council Board and so 't is Recorded and I think Dr. Oates will be so just to me as to acknowledge that he hath seen it and this is all that I have to say L. C. J. If you have an Order from the Council to protect you you must apply your self elsewhere our business is to try the

give in that I heard Mr. Collins's Confession I ask why he does not give it in now L. C. J. That is a forreign matter what have we to do with it now Mr. J. Pemb. If you will prove any thing against him you may but you may not ask such questions as that Parry I have proved that I was in 1677 and 1678. in the Countrey Mr. J. Pemb. They tell us of Ten days before Christmas and Mr. Oates speaks of November L. C. J. Look you Gentlemen of the Jury here are two witnesses against him Mr. Oates and Mr. Prance Parry My Lord I have one thing I desire to be taken notice of that is this Letter of the Ambassadors who upon the examination of all his Family does testify and declare that I did never Officiate in any respect in his Family L. C. J. It cannot be read Mr. J. Pember It is not any Evidence Parry How shall I clear my self if the testimony of the Ambassador and his whole Family be not admitted Mr. J. Atkins 'T is a hard thing for you to clear your self L. C. J. Why don't you bring them hither as your Witnesses Mr. Record Where is my Lord Ambassador why does not he come hither Parry He hath left the Kingdom Mr. Record Then you may boldly say any thing of him and we cann't disprove you L. C. J. Is all his Family gone with him Parry There is but one remaining I think he 's here L. C. J. Call him Parry Monsieur Rivier who appeared and stood up L. C. J. What do you ask him Parry Do you know this Hand Sir L. C. J. It must not be read if he do Parry He is one of the Servants to my Lord Egmont and he lived in the House and he knows Mr. J. Pemb. Ask him any question but don't tell him what he knows L. C. J. Why don't you ask him some questions why you have not Catechisms in your Church you don't know how to ask questions Parry Ask him whether he ever heard me say Mass at my Lord Ambassadors House L. C. J. It 's to no purpose if he did not here are some have Parry Then my Lord he knows that there was a strict examination at Wild-house by my Lords Orders whether I did frequent the house and it was reported by them all I did not and they must know if ever I did officiate there for there is none admitted to say Mass there but by Order Mr. J. Pemb. Look you Sir do you know that Mr. Parry ever said Mass at Wild-house Rivier No my Lord I do not know it Mr. J. Pemb. It was in a private Room Dr. Oates sayes Rivier I never saw him there Mr. J. Pemb. If you ask an hundred here they would say the same thing L. C. J. Come when matters are plain 't is in vain to contend here is the business Gentlemen here are Mr. Oates and Mr. Prance two witnesses against Mr. Parry Mr. Oates says he hath heard him say Mass one time at one place and twice or thrice at another Mr. Prance hath heard him often and Mr. Prance does tell you plainly that he cannot err that he is not mistaken in the man for he came to his house with a Chalice and broke it there and he knew him so well that meeting him by chance he took him up in the streets so if you believe them they swear it positively and you must find it so Then the Lord Chief Justice went away Cl. of Cr. Set Henry Starkey to the Bar. Hold up thy hand c. Mr. Belwood May it please your Lordship and you Gentlemen of the Jury Henry Starkey stands Indicted for the like offence with the other prisoners that he having received Orders from the See of Rome came into England and this is High Treason to this he hath pleaded Not Guilty we will prove it upon him Sweat Doctor Oates and Mr. Prance which was done Mr. Serj. Strode Pray Sir will you tell my Lord and the Gentlemen of the Jury what you do know of this Starkeys being a Priest Dr. Oates My Lord Mr. Starkey is a Priest and I once heard him say Mass at Mr. Paston's L. C. Baron When was that How long was it agoe Dr. Oates It is about three years agoe L. C. Baron Did he give the Sacrament then or at any other time Dr. Oates None received but himself Mr. Belwood Was he in Priests Habit Dr. Oates Yes L. C. Bar. Did he receive the Sacrament and consecrate the Host Dr. Oates Yes in both kinds L. C. Baron Will you ask him any questions Starkey He tells me of the Priests Habits What are they Sir Dr. Oates Under it he was in a Secular Habit but first he had a thing about his Neck a piece of Linnen I have forgot what they call it and over that he had a Surplice girt about him and a Stole about his Neck over that Starkey Dr. Oates if you be so for I do not know you a Priests Habit is a Cassock and a Cloak the Ornaments of a Priest are not a Surplice but an Mr. J. Pemb. You are well skill'd in it I see Starkey And how did you know that I said Mass Did you know that I took Orders for if I took no Orders it was no Mass for it is the Priest makes the Mass and not the Mass the Priest and then if I was no Priest it could be no Mass Mr. J. Pemb. That is a pretty Argument indeed Do any but Priests say Mass Starkey I can bring instance of a Gentleman in this Town a private Lay-man who did say Mass about this Town and he was a Protestant and at last he stole the Chalice Mr. J. Pemb. He did well did he not L. C. B. 'T is a great Evidence this arguing of yours if he did not swear it that you are a Priest Starkey I wonder that this Gentleman should so well remember me I don't know him Mr. J. Pemb. Do you think you know every one that hath seen you at Mass Sir John Keiling Set up Mr. Prance What say you Sir to this Mr. Prance My Lord I heard him say Mass at my Lady Somersets and at Mr. Pastons Starkey As I hope for mercy from Almighty God I was never there in all my life Mr. Prance More than that I heard him confess himself a Priest to one Mr. Duncomb Starkey What is that he sayes Mr. Prance Did you know one Mr. Duncomb that is dead Starkey Yes he was a Schoolmaster Mr. Prance Well I heard you say Mass at his House Starkey I 'll tell you what then it was with a Pot of Ale and at 3 or 4 a clock in the afternoon for that was the only time I was there Dr. Oates I have heard him say he said Mass in the Kings Army Mr. J. Pemb. He tels you he heard you say that you did often in the Kings Army say Mass Starkey You never heard me say so in your life for I never did

But pray my Lord give me leave to speak I appeared for the King when he had but 500 men in appearance for him I am but a younger Brother an Esquires 2 d Brother I spent in the King's service above 5000l which I got my self and bled for it before I had it I spent my Annuity of Sevenscore pound a year for the King I lost my Leg for him and spent my Estate to that Degree that that day when I receiv'd the sentence of Banishment I had but Two half Crowns left L. C. Bar. Mr. Starkey You may urge this to the King for his Mercy and Clemency 't is nothing to the point here before the Jury to be Tryed Whatsoever you have merited by your services you must apply your self to the King for his mercy it is nothing here Starkey Pray my Lord give me leave to add one thing more I did discover to the King a Plot designed against His Person State and Government and I suffer to this day for it L. C. Bar. You may be a Priest for all that Starkey But my Lord by the Civil Law it is a conclusion that although a man be a Traitor and in the same Plot he is to be indemnified for discovering the Conspiracy against his Prince much more for discovering another Mr. J. Pemb. We have nothing to do with that here but whether you are a Priest or not Starkey That I must leave to the proof L. C. Bar. Well then I 'll tell you Gentlemen this person is Indicted for being a Priest and coming into England For the point of his being a Priest you have heard two witnesses depose and they both tell you that they have heard him say Mass as great an evidence of it as can be for none say Mass but Priests Dr. Oates tels you at Mr. Paston's Mr. Prance says at Mr. Paston's at my Lady Somersets and one Mr. Duncombs If you believe this you must find him guilty Mr. J. Atkins And they speak too to his receiving the Sacraments in both kinds Stark If I was there sure there was some body else besides my self Cl. of Cu. Set Alexan. Lumsden to the Bar. Hold up thy Hand c. Your Charge is to enquire of him as of your first Prisoner and hear your Evidence Mr. Belwood May it please your Lordship and you Gentlemen of the Jury Alexander Lumsden the prisoner at the Bar stands Indicted for High Treason for that he being a Priest and receiving Orders from Rome did come here into England and abide contrary to the Statute Sir John Keiling Swear Dr. Oates Mr. Dugdale and Mr. Prance which was done L. C. Bar. Come Dr. Oates What say you to this man Dr. Oates I heard him say Mass he is a Dominican Fryer as I remember I heard him say Mass 20 times at Wild-house L. C. Bar. And Consecrate the Host Dr. Oates Yes and I reciv'd the Sacrament from him L. C. Bar. And see him take Confession Dr. Oates Yes Mr. J. Pemb. Will you ask him any questions Lumsden What time was this if it please you Sir Dr. Oates That Summer that was before the Plot broke out Mr. Lumsden knows me well enough L. C. Bar. Do you not know him Lumsden Truly I do not know that ever I saw him or conversed with him in my life L. C. Bar. What say you Mr. Dugdale Dugdale My Lord I was at Whitehal that day Mr. Lumsden was taken and by the importunity of some friends I did goe to him but I did not know him but by discourse he did confess himself a Priest I asked him if he was a Franciscan he said he was a Dominican Dr. Oates He is Procurator-General of the Kingdom of Scotland Mr. Record They have such a parcel of people and such names for them Mr. Serj. Strode Mr. Prance what do you know of Lumsden's being a Priest Mr. Prance I know he is a Priest and have heard him say Mass several times at Wild-House L. C. Bar. Was he there in the Habit Mr. Prance Yes and consecrated the Host L. C. Baron How long since Mr. Prance Two years since I heard him 20 times L. C. Bar. Do you know what Countreyman he is Mr. Prance An Irish man I think Dr. Oates No he is a Scotchman he will not deny it L. C. Baron What Countreyman are you Lumsden A Scotchman L. C. Baron Of what part of Scotland Lumsden Aberdeen L. C. Bar. Were you born there Lumsden Yes L. C. Baron You have no more to say have you Lumsd My Lord I am not here I think to be my own Accuser I humbly conceive so and whatsoever is against me must be proved not simply asserted They ought to give Proofs and Reasons but so it is it is but a simple assertion what they say I desire they may prove it L. C. Bar. No they need not it is sufficient if they prove it by such Circumstances that the Jury are satisfied and convinced that it is true But it is not to be looked for that no proof should be given against the Priest but by them that saw him receive Orders Mr. J. Atkins 'T is impossible almost to prove that L. C. Bar. But if they prove the Circumstances that you have executed the Office of a Priest by saying Mass which none does but a Priest 't is enough to guide them in their Verdict Mr. J. Ellis And they have proved that which is next to a positive Assertion L. C. Bar. That need not be Mr. J. Ellis But let us not lessen our proof neither Mr. J. Pemb. You must consider that the proof is certain for they have sworn an assertive positive thing which thing is enough to a Jury to prove you a Priest because none others but Priests may do such things in your Church as you have done Therefore it is a good Argument and Evidence to conclude you a Priest from this Evidence that hath been given Dr. Oates I have heard him own himself a Priest 20 times Lumsden The exercise of the Priestly Function is but a penalty of 200 Marks L. C. Bar. Ay that is if the King will go no higher But you are prosecuted upon another Law Mr. J. Ellis 'T is Evidence and a great Evidence that which hath been given for we must go according to the nature of the thing 'T is impossible the Act of Parliament should be put in execution if they must prove they received Orders from the See of Rome But when they have proved those things done by any man which none ought to do but a Priest it hath been in all times allowed to be a special Evidence Mr. J. Pemb. 'T is a plain and sufficient Evidence Mr. J. Ellis But if there were any need of it and you would have any more he hath confessed upon the question asked him whether he was a Franciscan no he was a Dominican L. C. Bar. Have you done Then Gentlemen of the Jury you must not at this time of the day be