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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

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

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