Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	king_n	lord_n	19,972	5	4.1650	3	true

Text snippets containing the quad

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

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. Published by Authority LONDON Printed for Thomas Collins and John Starkey Book-Sellers in Fleet-Street near Temple-Bar 1680. THE TRYALS c. On Saturday the 17th of January 1679. at the Sessions-House in the Old-Bayley by Vertue of His Majesties Commission of Oyer and Terminer and Goal-delivery of Newgate for the County of Middlesex and City of London the Persons hereafter named were Arraigned and Tryed And after the usual Proclamation for Attendance was made the Court proceeded in this manner Cl. of the Crown KEeper set David Joseph Kemish to the Bar which was done David Joseph Kemish Hold up thy Hand which he did Thou standest Indicted by the Name of David Joseph Kemish of the Parish of St. Giles's in the Fields in the County of Middlesex Clerk for that thou being born within the Dominions of our Soveraign Lord the King and being a Priest made and ordained by authority derived from the See of Rome after the Feast of the Nativity of St. John Baptist in the first Year of the Reign of Queen Elizabeth and before the 15th of November in the thirtieth year of the Reign of our Soveraign Lord the King that now is the Laws and Statutes of this Kingdom of England not regarding nor the Penalties in the same contained any ways fearing the said 15th day of November in the thirtieth year of the King aforesaid at the Parish of St. Giles's in the Fields in the County of Middlesex aforesaid traiterously and as a false Traytor of our Soveraign Lord the King thou wast and didst remain and abide against the Form of the Statute in this Case made and provided and against the Peace of our Soveraign Lord the King his Crown and Dignity How sayest thou David Joseph Kemish Art thou Guilty of this High Treason whereof thou standest Indicted or not Guilty Kemish Not Guilty Cl. of the Cr. Culprit How wilt thou be Tryed Kemish By God and my Country Cl. of Cr. God send thee a good deliverance Kemish I cannot speak I am not able to stand upon my Legs a quarter of an hour L. C. J. What does he say Capt. Richardson He says he is so ill and weak he is not able to stand L. C. J. Then he must have a Stool Kemish I am not able to speak in my own defence and I have had no time to prepare my self L. C. J. Captain He shall speak softly to you and you shall report it to the Court again Capt. Richardson You may speak softly to me and I will give an account what you say L. C. J. How will he be Tryed ask him Kemish I would desire my Tryal might be deferr'd till I be in a condition to Answer for my self L. C. J. What say you Brothers I think his Request is very reasonable he appears not to be in a condition of taking his Tryal now And Mr. Attorney is willing he should be set aside till next Sessions Mr. Att. Gen. 'T is I think very fit if your Lordships please Mr. Just Dolben He must Plead first Have you recorded his Plea Cl. of Cr. Yes 't is recorded L. C. J. Why then look you Captain Richardson you must take him back the Court does think fit and Mr. Attorney does think fit by reason of his extraordinary ●nfirmity that it is not seasonable to Try him now And that the World may not say we are grown Barbarous and Inhumane we are all contented he should be set by Therefore let him be returned back and in the mean time you must take care that he have that reasonable looking to as is fit for a man in his condition to have L. C. Baron Acquaint him with what the Court says to you Capt. Richardson I will my Lord. M. Att. Gen. My Lord I desire that the Judges may declare their Opinion in it L. C. J. They have done so already we do all consent to it Therefore take him and go get him a bed Cl. of the Cr. Set William Russel alias Napper to the Bar. Who was Arraigned upon an Indictment of the same form only the day of the Fact differing which was laid to be the 27th of November in 30 Car. 2. To which he likewise pleaded Not Guilty and put himself upon the Country Cl. of the Cr. Set Henry Starkey to the Bar. Whose Indictment was the same only the Time differing which was the 26th of January 30 Car. 2. And he also pleaded Not Guilty and put himself upon the Country Cl. of the Cr. Set William Marshal to the Bar. Who being Arraigned upon a like Indictment and the time mentioned to be the 15th of January 30 Car. 2. And being asked Whether Guilty or not Guilty answered thus Marshal My Lord I do find by this Indictment that I am Arraigned for the same Crime for which I was tryed before I do humbly desire to know Whether according to Law I can be tryed twice for the same Fact Lord Ch. J. No according to the Law you cannot be tryed twice for the same Fact nor are you for before you were Indicted for having an hand in the great Conspiracy for being a Conspirator in the Plot and now you are Tryed for being a Priest and abiding in England Marshall I was tryed before your Lordship as a Traytor Lord Ch. J. You were so Marshall Now I am tryed for a Priest Lord Ch. J. Which is another Treason Marshall If I am tryed for a Priest I conceive I cannot be tryed unless as a Criminal Priest and I conceive I cannot be tryed as a Criminal Priest unless it be as a Priest that hath had some attempt or design against the Government Lord Ch. J. Nay you mistake there There may be Priests that have had no hand in the Plot if you were acquitted for the Plot yet you remain a Priest still Do you suppose then that every Priest had a hand in the Plot Marshall My Lord I humbly conceive that Priesthood as Priesthood is no Crime at all Lord Ch. J. That is no Crime at all Mr. Just Dolben Come You must plead without more a do and you must not use any more Speeches Lord Ch. J. You must be governed in all things by the direction of the Court. Marshall I do submit to the direction of this Honourable Bench but my Lord give me leave to say I suppose I am indicted upon 27. Eliz. Now if it be made appear that according to that Statute Priesthood alone is not Treason Mr. Just Dolben Then you must speak it afterwards but now you must plead Marshall But if it be at

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

single issue whether you have offended against the Law Anderson My Lord I that am but a poor single Individuum who am born with an innate and implicit Obedience to my King judge whether it lies in my power to dispute with him and his Council whether they can do this or no or that I must obey the Kings Command Mr. Belwood This is not a time for him now to insist on this matter L. C. J. Reserve your self till the Kings Counsel have done and the Evidence given Mr. Just Jones Let him save his Speech till such time as he comes to answer for himself L. C. J. Give him a Chair if he be not able to stand Then Sir John Keiling one of the Kings Learned Counsel in the Law pursued the Charge thus Sir John Keiling May it please your Lordship and you Gentlemen of the Jury Lionel Anderson otherwise Munson the Prisoner at the Bar stands indicted here for that he being a Subject Born within the Dominions of the King hath taken Orders from the See of Rome and hath contrary to the Law come into England and stayed here as a Traytor for this Treason he is indicted and the Indictment is grounded upon the Statute of the 27th Eliz. a Statute made almost a hundred years since and it was upon great occasion for it tells you plainly That these Priests that had taken Orders from the See of Rome were not only busie in seducing and perverting the Kings Subjects to the Romish Superstition but they had made many attempts upon the Government raising Sedition and Rebellion and levying of War against their Soveraign which is evident from the Preamble of the Statute it self And it is true the lenity and mildness of our Princes hath in a great measure let this Statute lye asleep they have not been willing to execute the severity of the Law upon all occasions at all times but the occasion being renewed at this time for the remedying of which this Statute was principally made that is to say raising Seditions and Commotions and Rebellion against the King the particulars of which I shall not inlarge upon it hath been notorious in this place that is the reason of the present prosecution of these Persons Who have not been contented to enjoy the indulgence of our Princes which hath been extended to them notwithstanding all their former numerous affronts that they have given but have rais'd new Commotions and made attempts upon the Person of our King and of our Government and that is the occasion upon which these Persons come to be Tryed It is not purely tho' that is a main ingredient that they are tryed quatenus Priests but as Ordained by the See of Rome and coming into England and abiding here For a Priest if he be Ordained by the See of Rome if he comes not here can do no hurt but it is his coming and abiding here that makes him the Subject of this Punishment and hath occasioned this mans Prosecution Now my Lord we shall prove that this Anderson alias Munson hath taken Orders from the See of Rome whose authority constituted him a Priest and this we shall prove by several instances and steps and then we doubt not but you will take that care for the preservation of the Government and for the Peace and Quiet of the Nation which becomes you and give a Verdict according as your Evidence shall lead you Then Sir George Strode the Kings Serjeant at Law managed the Evidence Mr. Ser. Strode My Lord we shall call our Evidence The Fact is this That this Person being a Subject of the Kings and having received Orders from the See of Rome that is being a Romish Priest did come and abide here contrary to the Statute not that his Priesthood is the Crime no t is his being a Subject of the Kings and owning an Authority from abroad and thereby denying the Authority of his own Soveraign To prove this we shall call Dr. Oates Mr. Bedlow Mr. Dangerfield and Mr. Prance who were all Sworn Set up Mr. Dangerfield first Mr. Dangerfield tell my Lord and the Jury what you know of the Prisoner at the Bar Mr. Anderson Mr. Dangerfield What I do know against him L. C. J. Yes for being a Priest Mr. Dangerfield What that particularly L. C. J. Yes that particularly Mr. Dangerfield My Lord about the latter end of May or beginning of June when I was a Prisoner for Debt in the Kings-Bench this person took occasion to speak privately to me and desired me to go into his Room he told me he had received a Letter from my Lady Powis and that Letter was burnt But the next Letter that came from my Lady Powis he would shew it me And he did so and the Contents of the Letter was as near as I can remember just thus Sir You must desire Willoughby to scour his Kettle which was to Confess and receive the Sacrament to be true to the Cause A little after that was Saturday and I think it was the next day being Sunday I went into Mr. Andersons aliàs Munson's Chamber and there I went to Confession and received Absolution And he sent me to another person to receive the Sacrament who was saying Mass at that time And when I had received the Sacrament and returned to him again he did tell me That he as a Priest did give me free toleration to go and be drunk and drink with one Stroude and I asked him being something scrupulous in the matter Whether I might lawfully do it having but just received the Sacrament he told me Yes he gave me authority so to do being for the good of the Cause L. C. J. Were you a Papist then Mr. Dangerfield Yes I was Mr. Just Atkins You went to Confession to him and received Absolution Mr. Belwood What was the good of the Cause that he meant Mr. Serj. Strode If you please give an account of the whole thing Mr. Dangerfield That was as I was employed in a general Affair for the Catholicks for I was to use my endeavour to bring over Stroud to be a Witness for the Lords in the Tower concerning the Plot and to invalidate Mr. Bedloe's Testimony Anderson Here I am upon my Life and Death all the World knows me that hath heard of my Name Mr. Just Pemberton Pray make no Speeches if you will ask any Questions you may Anderson No I wont I wish that all the Punishment of Hell and Damnation may come upon me if I ever opened my mouth to this Rogue for one Farthing or about any business in the World L. C. J. You must not call him Rogue in open Court Let us have that respect shewn us that is fitting and so shall you have but this Language we must not suffer Anderson In the first place I will bring all the Prisoners in the Kings-Bench Prison to testifie That I desired to be removed to Newgate for here was the greatest Rogue come in that was in England Mr.

I can't tell because you did not put it on If you would ask him any Questions do Anderson Yes Whether you do know me to be an Englishman And whether you saw me take Orders from the See of Rome Dr. Oates You said you were an Englishman and a Gentleman and the son of an English Gentleman L. C. J. Do you deny you are an Englishman Anderson I am not nor no man is to be Tryed upon a presumption 't is but a conceit in Law and penal Laws are to be taken strictly in favour of the Prisoner L. C. J. Me-thinks you speak very like an Englishman Mr. Belwood My Lord we call now Mr. Bedloe You know the Question what it is Sir concerning the Prisoners being a Priest Mr. Bedloe He is a Priest and an Englishman if his Mother was honest and he honestly born for he is Mr. Andersons son of Oxfordshire as I was told L. C. J. But what say you to him as to his being a Priest Mr. Bedloe I have heard him say Mass L. C. J. Did you ever receive the Sacrament from him Mr. Bedloe Never But I have seen him Administer the Sacrament and he was in a Priests habit L. C. J. Where Mr. Bedloe I think it was at the Venetian Residents I am sure it was at some of the Embassadors Houses Anderson This matter is so unlikely I know not what to say to it Mr. Just Pemberton Will you ask him any Questions Anderson Upon my Salvation I never saw him before Mr. Just Dolben It is a strange thing that you should take upon you to say upon your Salvation you never saw him How many might come into a Room and you not see them while you are at Mass L. C. J. He might see you tho' you did not see him He might come in and you not see him Mr. Just Atkins Is that any argument or any thing to the purpose or does that contradict the Evidence Does the Minister or ought he to know all his Congregation whilest he is in Preaching Anderson I never saw him I say My Lord I 'le give you but one Argument which is called Argumentum Congruentiae Mr. Just Jones Will you ask him any Questions Anderson To what purpose will it be for me to ask him Mr. Bedloe When he was first taken I was not stirring but while I was making ready they told me There was one suspected to be a Priest I heard him speak in the next Room and I knew his voice and said That is Mr. Anderson I presently knew his tongue before I saw him L. C. J. You knew him very well then Mr. Bedloe I never had any great converse with the man when he was taken they asked me If I knew any thing of this man about the Plot I told them No but he was in Orders from the Church of Rome for I heard him say Mass at such a place He told me said he I have been in Orders but I revok'd them and turned Protestant Mr. Belwood Set up Mr. Prance Pray Sir tell what you know Mr. Prance My Lord I have heard him say Mass several times at Wild-house and he hath given the Sacrament there and I have seen him take Confessions L. C. J. How often Mr. Prance Several times L. C. J. Then you know him very well Mr. Prance Yes very well Anderson I never saw him in my life L. C. J. But he hath seen you Anderson My Lord Chief Justice I will bring Witnesses to prove That I never did say Mass at Wild-house nor went to the Chappel I was an Excommunicated man for writing for the King 's Temporal Power against the Pope L. C. J. How long have you known him Mr. Prance Seven Years L. C. J. How often have you seen him say Mass Mr. Prance A dozen times Anderson It may seem strange that I should have the impudence to deny what this worthy Gentleman says Mr. Prance dare you say you know me L. C. J. Why were you never there Mr. Just Jones Well well will you ask him any Questions Anderson Who did I give the Sacrament to Mr. Prance A whole Rail-full hath been at the Sacrament at a time several people I have seen receive it from him L. C. J. Did he deliver the Sacrament to you Mr. Prance No he did not I commonly received at Somerset-House Mr. Serj. Strode We have done my Lord. Mr. Just Jones The Kings Counsel have done with their Evidence and now you may say what you will Anderson My Lord Chief Justice may I speak now L. C. J. Yes you may Anderson My Lord all the World knows me and I am known to most of the Dignified Clergy in England My Lord Bishop of London and Dr. Lloyd and the Bishop of Durham sent to me to tell me that if they knew of my Tryal they would be here My Lord I have lain under an ill Censure for scribing and writing against the Temporal power of the Church of Rome I never said Mass in any Popish Church I am confident these ten Years that I have said Mass I won't deny I would not tell a lye to save my own life nay nor would I tell a lye to take away the life of the greatest Villain upon Earth But my Lord I protest there is not one word true that hath been Sworn against me but what Dr. Oates hath said concerning my saying Mass Oh! my Lord I would not deny it if I were to be Hang'd presently and is not that a great evidence of my innocence and sincerity But this does not prove that I am guilty of what I am accused for for I am indicted upon a Penal Statute and three things must be proved strictly to bring me within that Law First that I am an Englishman L. C. J. 'T is proved you are an Oxfordshire man Anderson No my Father is Lincolnshire and my Lord Chief Baron knows him Lord Chief Baron I do know a Gentleman of that name there Mr. Bedlow I was told he was Oxfordshire Mr. Just Dolben He speaks it himself to be an Englishman All the World knows it by your Speech Anderson I know my Father is so L. C. J. Why do you deny it your self Anderson 'T is one thing to deny it and another thing to have it proved so I am not to prove it they are L. C. J. He says you are so Anderson He talks like a Parrot these things are to be proved strictly no mans life is to be taken away by presumption which is but a Conceit in Law and ought not to overthrow that Maxim of Law That Penal Laws ought to be taken most strictly in favour of the Prisoner and I ought to be proved ad literam within the Law and that according to the Statute made since his Majesties happy Restauration by two lawful Witnesses and not only by two lawful but by two Credible Witnesses too And I suppose the Gentlemen of the Jury being apprized of this my Exception if they will take this

C. J. Well Gentlemen of the Jury the matter that he insists upon are Two things First says he You have not proved me to be an Englishman and yet at the same time he appeals to such as knew his Father to be an English Gentleman and his Language his Tongue betrays him 'T is true some kind of Evidence is to be given that he is an Englishman he himself tels you that he is born of English Parents but 't is a forreign matter that he should be born beyond Sea And if it were so really then it comes on his side if he can produce any witness he says something otherwise we leave it to you whether you are not satisfied in your Consciences by hearing him speak and understanding who his Father was that he is an Englishman The next thing is for his being a Priest I do not know nor can there be expected a plainer proof than this that hath been given because he doth those Acts which none but a Priest amongst them does he says Mass he Consecrates the Sacrament he takes Confession he gives Absolution and all this proved by Four Witnesses Anderson That the Clerk does at Mass give Absolution L. C. J. Does or can any but a Priest Absolve D. Oates My Lord the Clerk he that serves at Mass at that time gives pro forma Absolution to the Priest without which the Priest cannot approach to the Altar after he hath made a general Confession for the whole Congregation the Clerk absolves the Priest that he may Absolve the Congregation L. C. J. Well the Fact is plain upon you we must never expect to convict a Priest upon this Statute if such proof is not sufficient Mr. J. Dolben He does acknowledge that Doctor Oates hath heard him say Mass L. C. J. Go on to the next Mr. Belwood The next we will Try shall be James Corker with whom the Jury was charged as with the other Mr. Belwood May it please your Lordship and you Gentleman of the Jury James Corker the Prisoner at the Bar stands Indicted for High Treason for that being born within the Kings Dominions and made a Priest by Authority from the See of Rome did traiterously come and abide in England contrary to the Law To this he hath pleaded Not Guilty L. C. J. Well call your Witnesses Mr. Serj. Strode Doctor Oates Mr. Bedloe and Mr. Praunce who were all sworn Doctor Oates pray tell my Lord and these Gentlemen what you know of this Mr. Corkers being a Priest Dr. Oates My Lord he hath said Mass at Somerset-House and before the Proclamation and Declaration in 1674. made against the Catholicks he was one of the Queens Priests he is a Benedictine Monk and he hath said Mass at Somerset-House and I have heard him say Mass at the Savoy L. C. J. In a Priests Habit Dr. Oates Yes I have seen him in a Monks Habit. Corker When L. C. J. Have you ever seen him give the Sacrament Dr. Oates Yes I received the Sacrament from him my self L. C. J. Where Dr. Oates In the Savoy L. C. J. Did he Consecrate the Sacrament Dr. Oates Not that that I received I cannot say whether he did or no. L. C. J. Do any Administer the Sacrament but Priests Dr. Oates They are in Orders first And 't is against the Laws of the Church for any but Priests to do it L. C. J. None use to do it but Priests doe they Dr. Oates I cann't tell but he that I took it from I always took to be a Priest besides I saw his Patent to be Bishop of London and they don't use to make them Bishops before they be Priests L. C. J. Did he shew it you Dr. Oates I saw it Mr. J. Atkins From whom was that Patent Dr. Oats It was from the See of Rome Mr. J. Atkins Under what Seal was it Dr. Oates I cann't tell that but I remember that I saw the Patent L. C. J. Well will you ask him any thing Corker When was it that you heard me say Mass Dr. Oates The first time that I heard him say Mass is near upon Three years agoe and then I heard him say Mass about the last winter was Two years L. C. J. How often have you heard him say Mass Dr. Oates Several times a dozen times I believe Corker Was there any body with you when you heard me say Mass Dr. Oates I believe there was an whole Church full at Somerset-House Corker Can you nominate any in particular Mr. J. Atkins How can he do that He says there was an whole Church full M. J. Pemb. Will you ask him any more Questions Corker No. Mr. Serj. Strode Then set up Mr. Bedloe Pray Sir will you tell my Lord and the Jury what you know of Mr. Corker's being a Priest Mr. Bedloe I have seen him wear the Habit of a Benedictine Monk before the suppression of the Covent in the Savoy and I have seen him Confessing several people in Somerset-House L. C. J. And gave them Absolution Mr. Bedloe Yes L. C. J. Doe they use to let them see when they confess Mr. Bedloe They confess in publick but they speak so softly we cann't hear but the whole Chappel sometimes may be full of people Confessing L. C. J. When was this Mr. Bedloe About four or five years since when Father Lathum was there L. C. J. Did you ever hear him say Mass at Father Lathum's Mr. Bedloe No I never saw him say Mass but only Confess L. C. J. Did you never see him deliver the Sacrament Mr. Bedloe No my Lord. Corker When you saw me in my Habit Was it when you came to Father Lathum's Mr. Bedloe I Judge so it was several times with several of them Corker Can you nominate any one that saw me at the same time Mr. Bedloe There were a whole Chappel full of Catholicks Mr. Justice Pemberton That is no great matter whether he can or no. Mr. Justice Atkins 'T is an Immaterial Question Why do you ask it Mr. Bedloe My Lord What I did was done so privately that if I went but from Strand-Bridge to the Monks I either took a Boat and went by Water or a Coach and went round about to avoid Suspition Mr. Belwood Then set up Mr. Prance Pray Sir tell what you know of this Mr. Prance I have heard him say Mass at Mr. Pastons in Duke-street L. C. J. How often Mr. Prance Never but once Corker When Sir Mr. Prance It may be two years agoe Mr. Justice Atkyns That is another place too Mr. Corker L. C. J. Have you any thing to Ask him Corker No my Lord. L. C. J. What have you then to say for your self Corker My Lord this I have to say for my self and I do protest it to be true I never in my life did ever say Mass or hear Confessions at Somerset-house L. C. J. What say you to Mr. Paston's Corker No nor at Mr. Paston's nor ever was in the Company of that Man

thing that is material and modest the Court will admit you to it but if you only go to throw dirt upon the Kings Witnesses men of good Reputation and men that have shewed themselves honest and that have spoke truth all along ne're a one of their Testimonies but what is confirmed by anothers so that not one of them stands single and for you to say they are ill men Marshall My Lord I do not say they are ill men I speak of matter of Fact L. C. J. You conclude falsly and if you did but mind it you would never repeat it over and over again That because the Jury did not believe his Evidence therefore he is Perjured Do you suppose then that any other Jury should never believe him Marshall My Lord I reckon his Evidence is not so good and if I am found Not Guilty there must be malice in him to accuse me L. C. J. Look you Gentlemen The single Question is Whether he be a Romish Priest or no it is proved by Mr. Oates that he hath several times heard him say Mass that he hath seen him deliver the Sacrament and seen him Consecrate the Host He insisted upon it how often Mr. Oates says Ten or a Dozen times in what time he cannot charge himself particularly with a Month or two but at last he did tell him positively because Marshall said how is it possible I can make my defence to generals unless you fix sometime therefore says he I was Reconciled to the Church of Rome on Ash-Wednesday and afterwards between that and April when I went into Spain I heard him say Mass that was once But I heard him say in the Summer several times Being asked what part he says I cannot say exactly but I think in the Month of August If he had said any thing as to the particular time between Ash-Wednesday and his going into Spain it had been something but against that he makes no pretence as to his saying Mass in the Savoy that can contradict it If he can still he shall call his Witnesses that can prove he did not say Mass between the Ash-Wednesday and the April he went into Spain He does indeed say that he was a great part of the Summer in the Countrey in June and July to Bartholomew Fair Threescore Miles off but to that Mr. Oates says it was sometime in August and so he might be in the Countrey till then and yet say Mass after he might come to Town the 6th or 7th or Eight and Twentieth and he might be here in August So you hear no Evidence that contradicts supposing it proved true what he imagines his Witnesses can say The last time that he charges him to have said it in the Summer may be true according to his own word and Confession when he came to Town Then there is Mr. Bedloe he only tells you he saw him in a Priests habit but he did not see him Execute the Office of a Priest but he looked upon him as a Priest called him Father and that is all that he Charges him with that is concurring Evidence and backs Mr. Oates but alone perhaps it would be very weak But they set up here Prance and he says directly that at the Tryal he did confess himself to be a Priest and he seems to deny it and would appeal to the Court but his appealing to the Court would not help him in that Case So I leave this to you upon this Evidence if you believe Mr. Oates that Swears he saw him before he went into Spain and after say Mass with the concurring Evidence of Mr. Bedloe that saw him in his Habit and with the subsequent Evidence of those two more that do Swear that he did say so you must find him Guilty And a mans own Confession is Evidence against himself And if Mr. Marshall will recollect himself he would not be too positive in that point If all these particulars satisfie your Conscience I say that he is a Romish Priest you must find him Guilty if you are unsatisfied you must acquit him Cl. of Cr. Set William Russel to the Bar. William Russel alias Napper hold up thy hand You that are Sworn look upon the Prisoner and hearken to his Cause c. Mr. Belwood May it please your Lordship and you Gentlemen of the Jury William Russel aliás Napper stands Indicted for High Treason The Offence Charged in the Indictment is That being born within the Kingdom of England and having received Orders from the See of Rome he did come and abide here To this he hath pleaded Not Guilty Mr. Serj. Strode Swear Dr. Oates and Mr. Prance Dr. Oates will you tell my Lord and the Jury what you know of Mr. Russels being a Priest Dr. Oates My Lord this Russel went by the name of Napper and is a Franciscan Fryer and I heard him say Mass several times at Wild-house L. C. J. What in his Habit Dr. Oates In Priests Habit. L. C. J. When was this Dr. Oates The last Summer before the Plot I have heard him Twenty times sing Mass Mr. Just Jones Did you ever see him give the Sacrament Russel Where pray was this Dr. Oates At Wild-House Russel What is his Name L. C. J. Oates Russel I do not know him I say my Lord. L. C. J. Did he do it publickly Dr. Oates Yes in the Chappel Mr. Just Jones Did he give the Sacrament Dr. Oates I did receive the Sacrament from him Russel Why first of all I say I do not know him L. C. J. It may be so more know Jack Pudding than Jack Pudding knows Russel Well then if one Witness must stand I have no more to say L. C. J. Will you ask him any Questions Russel He says he heard me a Month ago L. C. J. No it was last Summer was twelve Month. Russel Then he must prove it Capt. Richardson He does prove it he Swears it Russel Well I can make it appear last Summer was twelve Month I was in the Countrey Dr. Oates And I heard him say Mass November 1677. he was then one of the Chaplains of Wild-House Russel Give me leave to recollect my Memory Mr. Belwood Set up Mr. Prance You hear the Question Sir Is the Prisoner at the Bar a Priest Mr. Prance Yes I have heard him say Mass twenty times in his Habit. L. C. J. Did he give the Sacrament Mr. Prance Yes I saw him give the Sacrament to several and he did hear Confessions he had a great many People about him Russel When was this Mr. Prance Two or three years ago Russel Where Mr. Prance At the Spanish Embassadors at Wild-house Mr. Att. Gen. My Lord here is Sir William Waller that took him with his Vestments and all his Trinkets Who was sworn L. C. J. Come What say you Sir William Sir Will. Waller That Morning I took him as soon as I came into the Room I asked him his Name He told me his Name was Russel I asked him

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

to have been Condemned upon the Testimony of one Witness but required two Now there was but one positive Witness against me the rest only said I had confessed my self to be a Priest Two of them did Swear they heard me confess it at my other Tryal If it had been at this Tryal it had been another thing and there had been some validity in the proof but to say they heard me Confess it at another time I humbly conceive according to the Law bears no force I have this further to add His Majesty some years ago put forth a Declaration under the Broad-Seal for a To●leration of Religion and Liberty of Conscience whereby the Roman Catholicks had the use of their Religion in their private Houses Now I have been informed that according to Law whatsoever is put forth under the Broad-Seal must be recalled by something under the Broad-Seal or it remains in force which was never done as to this Declaration and then I lye under the Protection of that Declaration Mr. Recorder As for the first part 't is plain to the satisfaction of every body that there hath been two Sufficient Witnesses upon whose Testimony you are Convicted For whether you were asked the Question or not yet if you will say you are a Priest that Confession of yours is Evidence against you though you might possibly say so without being Asked the Question Marshall Is it credible I should do so Mr. Recorder Yes the Jury believed it so Dr. Oates One of the Jury stood by and heard the Words Mr. Recorder And now because I will put it out of all doubt 't is not the business nor the Duty of the Court to give any Evidence of any Fact that they know of their own knowledge unless they will be Sworn for that purpose for though they do know it in their own private Consciences to be true yet they are obliged to conceal their own knowledge unless they will be Sworn as Witnesses But now you are Convicted I must take the liberty to tell you that at your last Tryal you did own your self to be a Priest And I must put you in mind further of something which you may very well remember when I detained you after your Acquittal and Recommitted you when Sir George Wakeman was discharged I did then tell you you having owned your selves to be Priests I was bound to take notice of that Confession of yours and therefore obliged to detain you Such a Token as that is may perhaps bring it to your Memory but as it was hinted to you before you are a Voluminous Talker and abundance of things may drop out of your Mouth that you don't consider before they are past Marshall 'T is for my life and therefore I may be permitted to speak sure Mr. Recorder That is as to the first point And then as to the Kings Declaration which was the other matter you insisted upon I presume it does not stick with any body that knows the matter but least it should I would say this to it 'T is very well known in the first place I do not go now to determine the Law upon it because you know what Opinions and Judgment it received afterwards yet this I will adventure to say That it was never the intention of that Declaration that ever Priests should come and reside here but it was only intended for tender Consciences as the very Letter of the Declaration it self does shew not to Countenance Priests and Jesuits that have cast off all their Allegiance to the King and endeavour both to destroy Him and His Government Marshall Pray Sir Will you give me leave to speak as to that If so be the use of their Religion were permitted to Roman Catholicks that Religion not being to be practised without Priests it is to be supposed that the Priests are permitted Mr. Recorder But if a Man were to Argue with you now in your own way Pray are there not Priests in England besides those Priests that were born here You know of your own Acquaintance there are several Roman Catholick Priests not Englishmen born that are constantly here who can perform the Offices Marshall Nay I don't know that But this I know if they be not born in England or have lived in England so as to know the Tongue Roman Catholicks will be little the better for them Mr. Recorder Nay I don't say much the better but much the worse for their coming at them And in case they would only use the English truth I presume they would not have so many Proselytes but you Gull them with stuff they understand not Marshall Pray Sir give me leave a little I have one word more For all matters of Treason and Treacherous Conspiracy I was freed before in this Court now I would observe what the best Lawyers that ever were in England have observed for me That there is no Crime in Priesthood it self for my Lord Coke in his Fifth Report 39. leaf commenting largely upon the Statute of the twenty seventh of Eliz. and inlarging upon the sence and meaning of that Statute and calling to mind who the men were that were formerly Executed by force of that Statute and why concludes thus Hence it appears that no man yet hath or can be Executed for his Function of Priesthood but because there was annexed to the Priesthood treacherous Designs and treacherous Attempts And the same Lawyer in the 3 d. Institutes 22th leaf says That in this Statute of the 27th of Elizabeth 't was very wisely and justly done by the Statute-Makers to provide that the Judges should proceed in their Judgments upon that matter only according to what is expressed and specified in that Statute And those words were a Sanctuary to the Judges and put in to prevent the shedding of guiltless blood Now if so be that so great a Lawyer in a discourse about Priesthood and Treachery does thence conclude That Priesthood as Priesthood is no Crime nor no Function belonging to it hath any Crime in it well may I conclude so too And indeed if it had then a great part of the World would be Traitors nay it would bring in Christ himself who was a Priest to be a Traytor too Therefore Priesthood as Priesthood hath no Treason essentially linkt to it And when he says that they must proceed according to what is specified he does in the forementioned place shew that it was not specified at all that any that were Executed were for Priesthood Executed And I am accused of nothing else in the World but bare Priesthood as Priesthood without any Design or Treachery joyned to it And if according to Law Priesthood be not liable to Condemnation then I am not to be Condemned Mr. Recorder Now you have been heard Marshall Yes Sir and I thank you for it Mr. Recorder This long Speech of yours will signifie but little when you consider the Act of Parliament upon which you are Indicted 't is true set that Act

discovered a Plot to the King that was designed against his Person State and Government and did deliver into his hands Eleven Articles of Treason which I had Writ with my own hands and this he hath owned and will own So Mr. Recorder upon this I was Threatned by those that were parties to the Treason That the King should not be gone twenty four hours but I should be imprisoned When the King went what must I do Must I stay there and hazard my life or trust to the Kings Mercy I was forced to come along with the King for Protection I came to Whitehall and the King rose up and gave me his hand to kiss and so did the Duke of York and told me I was Welcome I went to my Lord Chancellor Hyde who when he saw me Embraced me in his Arms and said Thou art welcome I am glad to see thee in England I had occasion to speak with the Bishop of London Dr. Shelden about another Person and when I came to him he asked me What is your Name My Lord said I my name is Starkey with that he catches me fast by the hand and when he had done that he took me in his Arms and told me I am glad with all my heart to see you safe here in England And Mr. Recorder I do suffer to this day for the Service I have done the King Mr. Recorder Mr. Starkey I can only say this to you I do promise you faithfully as I promised the other Gentleman that went before I 'le tell the King what you alledge He is the best able to give an accompt of it and is the fittest Judge of his own Mercy But I could recommend to you Mr. Starkey a thing that would be very acceptable and then as far forth as t is modest for me to speak I am pretty well assured I might say I could prevail for Mercy to you That is as you did Discover one Plot before so you would Discover this Hellish Plot that is now on foot Starkey Mr. Recorder I have wished many times that one of the Commissions that are said to be delivered out had been brought to me for he that had delivered me a Commission should never have delivered a second to any one else Mr. Recorder Well the King is the Fountain of Mercy and he is the best Judge of the fit Objects of it I will as I said tell him what you say Starkey If the King does not own what I told you then count me the greatest Knave that ever was Mr. Recorder You remain now under the Conviction of the Law what Mercy the King who is the Fountain of Mercy as well as of Justice will extend to you is in his own power Starkey Then Mr. Recorder I have another thing to offer to you and that is the Kings General and free Act of Pardon made in the Twenty fifth year of his Reign wherein he pardons all Treasons misprisions of Treasons Felonies and misprisions of Felony except what is excepted thereafter and Priesthood is not there excepted Mr. Recorder You know very well that the proof of your Treason hath been since the twenty fifth of this King and within three years past I presume you do not think that the Kings Act of Pardon pardons all Treasons past and to come as the Popes Bull does Sins Tye him up then Starkey But how shall I do then when I am Lame I want a Leg and I must use my Stick Mr. Recorder Then let him alone Starkey But I pray good Mr. Recorder will you be pleased before you give Sentence upon me to acquaint the King with what I have to say for my self Mr. Recorder No I cannot do that the Kings pleasure is to be known afterwards Set Lumsden aside and set all the rest to the Bar. Then Proclamation was made for Silence Whilst Judgment was a giving Mr. Recorder YOU the Prisoners at the Bar You have been severally Accused Arraigned Starkey Mr. Recorder May I speak one word I have presented this year wherein at the 26th of this Month I have been a Prisoner several Petitions by my Friends to the King and desired to be Transported for my Age and infirmities and want of a Leg did not stand well with my being in England these troublesom times The King I am told hath promised I should but I see no fruits of those Petitions And pray consider this That I should have been imprisoned if I stayed out of England and now to be prosecuted in England in this manner and to be Drawn Hang'd and Quartered is very hard Mr. Recorder Whether it be true or not God knows I shall acquaint the King with it It only remains with me to take notice of it for that purpose And for my part I am sorry with all my heart to see so many persons brought to receive the Sentence of Death by my Mouth But I must say this You your selves have been the occasion of it and therefore must blame your selves for it You have had the benefit of the best Laws the Law of England which gives every Subject the liberty to make a defence for himself when ever he is accused of any Crime He hath the liberty to hear the Witnesses what they say against him to call any Witnesses for him and to make defence for himself And not only so but he hath likewise Twelve Men upon their Oaths that are his Peers against whom he hath the liberty to make a Challenge without shewing any reason to a certain number and if it shall appear that any of them have the least prejudice or malice against any Persons that are to be Tried for their Lives to a greater number Such and so great is the benefit of the Laws of England beyond all the Laws of any other Nation in the world But all these forms having been passed and a Jury of men against whom you made no Exception having found you Guilty of the Offences for which you were Indicted there remains now nothing more with the Court but to pass that Judgment of Death upon you which the Law requires and which is the business that lies upon me now But before I do that for I know you may think it a presumption or at least a needless and unnecessary thing for me to take upon me and give any directions to you the business of whose profession it hath been to give Precepts However I think it is necessary for the Satisfaction of some persons that are here present that I should give them some accompt why I think this Law and the putting it in execution at this time is not unreasonable For it is to be known that every Subject of this Realm by his being born within the Dominions of the King does owe an immediate Allegiance to the King and is to take notice by the Law that there is not any person hath any Superiority over him for under God he is the Supream Head and Gonour And if any person born