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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

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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