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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

C. J. He did not confine himself precisely to any Six or Seven Moneths Parry My Lord I desired him to fix upon a moneth Mr. Justice Pemberton He cannot do it L. C. J. If he can let him We will Ask him the Question When was it that you saw him do thus Mr. Prance My Lord I am not certain what time it was but about two or two years and an half ago I am not certain 't is impossible for me to remember it Mr. Justice Pemberton You must take him in what he says this he is sure of he did hear you say Mass and give the Sacrament but as to the time he believes it to be about this time but he is not positive nor can be in it Parry He only believes it now because he knows I have Witnesses for that time He hath Sworn it positively it was six or seven moneths before the Plot and I have Witnesses to produce can prove how long before the Plot I was in the Country L. C. J. Call your Witnesses Parry Call Lanscroon and Jacob. L. C. J. How long was it before the Plot as near as you can tell the time Mr. Oates Dr. Oates I have heard so many Priests that I cannot possible give an account of the day Parry I desire to know of Mr. Oates who was Embassador at Wildhouse at that time when he sayes he heard me Mr. Recorder Were you never at Paston's Parry No. Mr. Recorder Nor at the Venetian Residents Parry No. Mr. Recorder Mr. Parry was not but Mr. Johnson was Parry I know not Mr. Johnson my name is Parry Mr. Recorder I mean Mr. Johnson alias Parry L. C. J. Mr. Prance you are sure that is the man Mr. Prance Yes And I heard him confess himself to be a Priest L. C. Baron And this is the man that brought the Chalice to you L. C. J. Why did you never go with a Chalice to this man and break it Parry My Lord I never bought any thing of him nor sold any thing to him nor had any converse with him Sir John Keiling I do never wonder at their denying any thing I would feign know whether he would not deny the Sun shines now or no Parry And then for the Private Room What Room of the House was it Prance I took him up in the middle of Cheapside and therefore I must sure know him Parry He did not know me but only took me on suspition at Random because I was in the Company of a Roman Catholick Then the Witness Lanscroon stood up L. C. J. What would you have this man Asked Parry About the year 77 and 78 wherein Mr. Oates alleadges he heard me let them Answer to that how long I was at Windsor And whether I did not dwell constantly there L. C. J. Well you hear the Question How long was he at Windsor Lanscroon From what time do you Ask Mr. Justice Pemberton Nay you must not be lead into an Answer How long was he at Windsor Lanscroon From Christmass 77 to Alhallantide 78. Mr. Justice Ellys And was he never at London all that time Lanscroon No. Mr. Justice Pemberton How can you tell that Mr. Justice Atkyns Was he alwayes in your fight all the time Lanscroon Yes he was there always Mr. Justice Atkyns Were you there always your self Lanscroon Yes L. C. J. What are you Lanscroon A Painter L. C. J. And was you and he always together at that time Lanscroon Yes L. C. J. What in a Room Lanscroon Yes L. C. J. Can you affirm that for a Twelve moneth together you saw him every day Lanscroon Yes Mr. Recorder How many years ago do you speak of Lanscroon From 77 to 78. Mr. Recorder I don't Ask you that but how many years ago ' t is L. C. J. When came he down to Windsor Lanscroon Christmass 77. L. C. J. The Testimony of Mr. Oates goes to November and he speaks of Christmass following Mr. Recorder How many years ago was it I Ask Lanscroon A year ago last Christmass Mr. Recorder That is 78 and 79. Mr. Justice Pemberton Your Witness is understood Mr. Parry Then stood up the other Witness Jacob. L. C. J. What say you about Mr. Parry's being at Windsor Jacob. He was a Gentleman that came along with me in the Coach to Windsor L. C. J. When Jacob. Before Christmass 77. L. C. J. How long before Jacob. Ten days He came there to take the Air for his health he was not well L. C. J. How long staid he there Jacob. He staid at Windsor till Alhallantide after he staid there a year L. C. J. Did you see him there every day of that year Jacob. Yes L. C. J. Why what reason had you to see him every day Jacob. He dined every day at our house L. C. J. Your house What house Jacob. The Painters Mr. Justice Dolben However that is but from Christmass and he speaks of November before L. C. J. Did he Dine there all that time Jacob. Yes L. C. J. Did he never keep a Fast in all that time Jacob. No. L. C. J. Did he dine a Wednesdays and Fridays Jacob. Yes L. C. J. Did he dine there every Friday constantly Jacob. Yes L. C. J. There was one Good Friday in that time Dr. Oates Pray Ask this Witness if he never heard him say Mass Mr. Justice Dolben Then he must be Sworn and may be he will deny it L. C. J. Did he Dine of Ashwednesday and Good Friday Jacob. Yes my Lord. L. C. J. So he sayes you eat of Good-Friday and Ashwednesday the Pope shall know it Mr. Recorder What say you Did he eat Flesh upon those days Jacob. Yes he did L. C. J. You can tell what he did eat can you Mr. Recorder Did he eat Beaf or Mutton Mr. Justice Dolben Go you talk like an idle Boy L. C. J. He tells you that you eat meat too that is more Parry My Lord we eat Fish and such things all Catholicks do Mr. Record Ay the Priests do but their Pupils do not they will not allow it to them L. C. J. Well have you done have you any more witnesses Parry My Lord I would ask Mr. Oats and desire he would answer me to it what he did depose against me before my Lord of Shaftsbury and the Committee of Lords concerning one Mr. Collins that I heard his Confession at my Lord Ambassadors now I have it to shew that I did not Officiate there nor frequent the House L. C. J. Who is it that will prove you did not come to the house Parry The Venetian Ambassadors Servants L. C. J. I do not understand what you mean Parry I am to ask of Mr. Oats and I desire he should answer to it What he did depose before my Lord Shaftsbury and the Committee of Lords touching Mr. Collins L. C. J. He cannot remember it may be Mr. J. Pemb. You must not ask such questions as these are it does not refer to this matter Parry He did

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

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

Just Pemberton This must not be suffered L. C. J. If you will ask him any Questions you may Anderson Well come Mr. Dangerfield in the first place Who ever saw you with me 'T is impossible but some body must see you with me if we were together as you say Mr. Dangerfield My Lord there is one Hill that is now a Prisoner in the Kings-Bench that saw me several times go into his Chamber L. C. J. Was there any body by when you confess'd your self to him Mr. Just Dolben Confessions use to be in secret Mr. Dangerfield No my Lord he was not in the Chamber neither was it reasonable he should but he saw me go in often Anderson Surely Mr. Dangerfield you and I could not be so well acquainted but somebody or other must take notice that we spoke together sometimes Now if you can produce any one body that will testifie it I will be bound to be hang'd and say no more Mr. Just Atkins He is not bound to bring Witnesses to this purpose He swears the Fact charged upon you positively Mr. Dangerfield This Hill my Lord that is in the Kings-Bench hath made Oath of it before Mr. Justice Foster Anderson But my Lord this one thing I have to say against this man There is a Statute made since the King 's most happy Restauration enumerating Treasons which says That all Treasons shall be as in that Act And further adds That none shall be Convicted of Treason but by two lawful and credible Witnesses Now the wisdom of our Legislators having an Eye to future Safety and past Practices does provide That no one shall suffer as a Traytor but one that is by good and credible testimony convicted of Treason L. C. J. Pray speak out Sir for I cannot hear you Anderson My Lord I understand the meaning applicable to me thus That since the Statute does use the word Credible as well as Legal it does judge that both would be very necessary Now that he is not a credible Witness I can prove L. C. J. Why is he not credible certainly if he be legal he is credible Anderson No my Lord that does not follow First the Mr. Recorder 'T is not his time to make this sort of defence Mr. Just Dolben He should have done it before the Witness was sworn if he would except against his Testimony L. C. J. But why is he not a good Witness pray Anderson My Lord a man pilloried twice that hath broke Prison once and committed other hainous offences L. C. J. Where is the Record of any of this Anderson My Lord I 'le tell you how I prove it That worthy Gentleman Col. Mansel whom this Villain would have involved in L. C. J. You must not do thus abuse persons with words without proof Mr. Just Pemberton He must not be suffered so to do Anderson My Lord I will do so no more indulge a little to my innocency and infirmity L. C. J. You don't seem to have so much infirmity upon you Anderson Col. Mansel when this Gentleman was the Kings Evidence as he is now brought in the Record of this Gentlemans being pilloried and the Council did not think fit to commit Col. Mansel but committed him L. C. J. Have you that Record here Anderson I have not Sir John Keiling We pray we may go on then Mr. Serj. Strode Set up Dr. Oates Dr. Oates will you tell what you know of this matter Dr. Oates My Lord he is a Priest I can in sincerity say it I have heard him say Mass my self L. C. J. Where Anderson 'T is very true I acknowledge I did it But my Lord I will shew you Mass is no proof of a Priest for first the Statute makes a distinction of Priests Dr. Oates He does execute the Office of a Priest for I have been at Confession with him as a Priest and have seen him Consecrate the Sacrament and I have seen his Letters of Orders as a Priest L. C. J. Did he wear the Habit of a Priest Dr. Oates Yes at Mass Mr. Belwood Pray Sir are you sure you saw his Orders as a Priest Dr. Oates Yes I did L. C. J. Did he shew you the Letters of his Orders Dr. Oates Yes he did L. C. J. Of what Order is he Dr. Oates A Dominican-Fryer he is L. C. J. What can you say to that Anderson I can say enough but what can I say against the King's Evidence Your Lordship sees this makes a very fine Jingle but there is no proof of it L. C. J. We can go no further than the Evidence He says You are a Dominican-Fryer That he heard you say Mass That he saw you Consecrate the Sacrament And I am sure you allow none but a Priest to do that Anderson I understand by the Laws of England that I am tryed upon a Statute which makes Priesthood a Crime Now I will ask Mr. Oates a Question Mr. Oates Can you prove That I received Orders from the See of Rome You are to prove by this Statute three things against me I am tryed upon a Penal Statute which ought to be construed most in favour of the Prisoner Mr. Just Pemberton Ask him any Questions if you will but this is not your time for arguing L. C. J. Look you we must do with you as we have done with others and will do with the rest If you mean that this Statute should never have any Effect that is that the Priests shall not be convicted as such unless we can produce Witnesses that saw them take Orders then you have avoided all the Statute but if so be it be plainly proved That you have done the Acts of a Priest those that none are allow'd of to do or undertake to do but a Priest is not this a satisfaction and a plain one too to your self and all the World that this Issue whether you are a Priest or not a Priest is well proved in the Affirmative Dr. Oates My Lord I saw his Letters of Orders Anderson My Lord Chief Justice I would speak a little to what you say Mr. Just Pemberton Look you Sir you must not have such liberty as this granted to you You may if you will ask Questions but it is not your time to dispute Mr. Just Jones You must not invert the Order of Tryals When a Witness is called he must give his Evidence If you will ask him any Questions you may do it But if you will observe any thing you have time to do it when the Kings Witnesses are all heard Mr. Just Atkins Dr. Oates the Prisoner did not understand sure what you said Did not he confess to you he had Orders from Rome Dr. Oates Yes he did confess so L. C. J. You confessed it your self Anderson My Lord how comes it to pass that I did not come here in a Yellow Coat and was not arraigned for a Fool If I am a Priest that I should tell him I was such an one L. C. J. Nay

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

have free Access and go away safe Mr. Bedloe I believe the Court upon his Tryal was satisfied that he was in Orders received from the Church of Rome Sir John Keiling Swear Mr. Prance which was done What did you hear him say at his last Tryal L. C. J. This is hard Evidence truely Mr. Justice Jones If he would do it voluntarily of himself he might we did not Ask him the Question Mr. Prance My Lord I stood just by him when he stood at the Bar and I heard him say this to the other Man Mr. Corker Though we are Priests this does not reach us L. C. J. But is this Good Evidence Mr. Prance I did hear him say He was a Priest Mr. Justice Pemberton VVe did all hear him say so I believe Mr. Justice Atkyns I dare say none of the Court Asked him the Question Marshall My Lord I was not Asked nor had any occasion and certainly I should not pick an occasion to Condemn my self If I did it I did it without occasion Besides my Lord I humbly conceive that there must be proof against a man or his Confession won't make him Guilty Mr. Justice Pemberton I would not have you too sure of that Marshall Certainly if a Man do Confess at another time without proof against him that will not do Mr. Justice Pemberton I believe the Jury will take your own Confession L. C. J. Don't be over Confident of that for we have Memories too aswell as you Mr. Just Pemberton You are not beli'd by Mr. Prance I believe Mr. Marshall Mr. Just Ellis If he have confess'd it that is sure proof enough Sir John Keiling Swear Mr. Dugdale which was done You were at the last Tryal Sir I only ask of you Can you remember any thing of this Mr. Dugdale To the best of my remembrance I heard him own that he was a Priest Sir John Keiling Then say what you can for your self Marshall My Lord I have only one material Witness against me They say that I said so if I did say so I must say it to the Court and if it was to the Court it must be upon some Question asked me L. C. J. You must not say so I am afraid if you appeal to the Court it will do you no good Mr. Just Dolben It is plain that you are so free of your discourse that you might say things that were not pertinent L. C. J. 'T is not proper for the Court to give Evidence if we did we should do you little Service in this matter Marshall I do believe I shall receive all Justice from the Court. And I have experienced it so already Now as to the present Testimony against me I conceive that only Mr. Oates is a material Witness no one else swears that they ever saw me Officiate or perform the Duty of a Priest As for Mr. Oates he says he heard me say Mass several times the last Summer before the Plot. And Mr. Oates did say he was present in June July and August Sir William Waller though he was pleased to forget other things yet did remember that and did Testifie that he saw me in June July and August Now then I humbly conceive if he heard me say Mass at any time in that Summer it must be in one of those three Months Was it in any one of them Dr. Oates My Lord I came over in April from Saint Omers and I did as I remember hear him say Mass one time before I went again and heard him say it several times after which was about the middle of June I think Marshall Now I say if this Honourable Court will but please to promise that the Witnesses that come hither shall come and go safe I believe there are Witnesses that may contradict Dr. Oates L. C. J. What can your Witnesses prove you must not make bargains with the Court. Mr. Just Pemberton Why should you suspect that your Witnesses should not go free Marshall Because some have received great abuses Mr. Just Atkins It was so said but not made out M. Just Pemberton There was only one person that came here and affirmed so but he did not prove it Mr. Recorder And the Court did say that they should be punished that did it L. C. J. The witnesses none of them that I know of were abused Mr. Bedloe It was only the Kings witnesses that have been abused L. C. J. What can your witnesses prove Marshall He came over the 24th of April and I can prove that from the beginning of April to the end of July I was not within threescore Miles of London Dr. Oates As to his Officiating as a Priest I cannot speak positively as to the time but I think in last Summer was twelve Month. Mr. Just Dolben He says he thinks he did once in that time but he is sure that he did see you several times that Summer Marshall But what part of the Summer Dr. Oates From the time of my coming over again to the time of the Discovery of the Plot. L. C. J. When was it that you heard him first Dr. Oates When I heard him first was in the year 1677. before I went into Spain I went away in the Month of April and I am sure he said Mass before I went into Spain and when I came back again in the Winter I came in November and stay'd in Town about ten days and then went to the Savoy and heard him say Mass Marshall What November Dr. Oates Before the Summer I came out of Flanders L. C. J. He says he went into Spain in April 77. Marshall And he heard me say Mass before he went over Dr. Oates Yes Marshall Pray look my Lord Mr. Oates will confess himself he was but newly reconcil'd to the Church of Rome a little while before he went Dr. Oates I was reconcil'd to the Church on Ash-wednesday and I went in April following Marshall Where did you hear me say Mass then Dr. Oates In the Savoy at that time before I went into Spain Marshall Do you pretend to have known the Savoy ever before your coming back again Dr. Oates Yes I do Mr. Just Pemberton He does Swear it Marshall So he does but he can't prove it Mr. Oates came over in the Company as he says of Mr. Thimbleby and Mr. Hitchcock and by his means he did get to be commended to be received into the Order of the Benedictines and he was then sent to Mr. Pickering in order to it Now my Lord is it credible that Mr. Oates having no acquaintance with the Savoy before he had acquaintance with Mr. Hitchock which was when he came from Spain should hear me say Mass before he went thither Mr. Just Pemberton All this is but a Story to the Court. L. C. J. What a wild inference do you make from this un-intelligible business Marshall Mr. Oates says so himself Mr. Just Dolben We all know you said Mass so openly in the Savoy that any People whatsoever might

Mass in this womans house Dr. Oates I do not know that ever I saw this woman in all my life before the Tryal Marshall He came there under a disguised name L. C. J. He tells you he went along with Pickering Dr. Oates Pickering served the Mass L. C. J. Well call your Witnesses if you have any other Marshall I can prove that I was out of Town the whole Summer from the beginning of April to the end of the Summer But if Mr. Oates will not stand to any time I cannot be able to disprove him But then I le only offer one or two things more L. C. J. When did you come to London in August Marshall I will tell you as near as I can to a day I came in the middle of Bartholomew Fair which begins the 24th of August L. C. J. So it was the latter end Mr. Just Pemberton Well if you have any Witnesses call them and do not spend the Courts time in vain Marshall My Lord I have something very material I think to offer The only material Witness that is now against me was a Witness against me in my last Tryal now I do conceive that I being found Not Guilty at the last Tryal that Witness ought to be look'd upon as Perjured And I appeal to the Court whether it were so or no. Mr. Just Atkins That 's a false Collection Mr. Marshall L. C. J. 'T is a strange inference you make Do you think that every Witness is Perjured because the Jury don't find according to what he says He is not Perjured for he may Swear true and the Jury not believe him Marshall I ground it my Lord upon what my Lord Jones said to the Jury that Sate upon Coleman who at their going out told them Either they were to find him Guilty or bring in two men Perjured Thus it was his opinion that the finding of the Jury contrary to the Evidence did make them perjured and there was none of the Court did oppose him Mr. Just Jones What then Marshall And if this were the sense of the whole Court That a man must either be found Guilty or the Witnesses Perjured that is my Case and he is not to be believed L. C. J. See how unconsequently do you talk The Court might say That you must believe these men Perjured if they Swear a positive thing and you find it not but if you make use of it thus that therefore they are Perjured 't is false for they are not so till they be Convicted upon Record And though the Jury do not believe them yet they may Swear true Marshall 'T is true L. C. J. Then you make no inference from it Marshall My Lord I am before the same Court that I was tryed by before and before the self-same Judges who know that upon my Tryal he was not believed and therefore is perjured Mr. Just Pemberton You must consider that sometimes the Jury will go against the direction of the Court but if the Witness be not believed by them that does not argue that he does not Swear truth or is perjured I tell you My Brother Jones might say You must find this man Guilty or think these men Perjured many times a Judge will say so but the Jury often find against the direction of the Court Shall these men be perjured then presently Mr. Just Jones There was two positive Witnesses as positive as could be in the world and nothing at all to contradict them Mr. Recorder Will you give the Jury leave to believe you Mr. Marshall for you your self said you were a Priest Marshall Yes if I said so I humbly desire the Jury to take notice of it that they are the self same Witnesses that brought such a positive Testimony the last time which if the Jury had believed they must of necessity have brought me in Guilty I would not spend the time of the Court but I would observe this It was all Sworn positively That I did consent to the Kings Death and other things L. C. J. You had the better luck Marshall Then they are not to be believed now L. C. J. This is to no purpose neither is it to be suffered For you break in contrary to all the Laws of Practice if we suffer this as an Argument That because an Evidence was not believed in one Case therefore he is Perjured And the Jury gave in a Verdict contrary to the Witnesses Testimony that therefore he is Perjured in another Case Marshall This does invalidate the Testimony sure of such a Witness L. C. J. You have said it often enough come pray conclude Mr. Just Pemberton No Mr. Marshall you must not be suffered in these Harangues to impeach the Witnesses if you have any thing material against Dr. Oates or if you can shew any Record of his Conviction of Perjury it may be something Marshall My Lord it is for my Life and 't is the second time that I plead for my Life much beyond my expectation and therefore I hope I may have the freedom to speak And though I confess this Jury is not obliged to proceed according to the Verdict of the former Jury yet this Jury as well as that is obliged to proceed according to the appearance of truth And his being found false in his Testimony the last time should make him of no Credit here Mr. Just Dolben It is not so they are not to take notice of it unless you bring them a Record of Conviction Mr. Just Pemberton He gave a good Evidence then no doubt of it though they would not believe it Mr. Just Atkins Upon what grounds that Jury went is unknown to us Marshall Then my Lord another thing is this The Law does except against all Witnesses who are strongly or rationally supposed to have a Spight or Malice against the Prisoner much more where there is a manifest sign that he hath a Malice Now I will endeavour to shew how it comes to my Case Mr. Oates accused me last time of Treason and that in the highest nature if this had been true he had shewed himself a good Subject and me Disloyal And the Jury not believing him I was found the good Subject Now he pursues his Malice L. C. J. You shall not go on in this manner and make such notorious false inferences that because it was not found according to his Testimony therefore he is Perjured The Jury did not beleive it might not he speak true for all that Hath not many a Witness Sworn true yet the Verdict gone against their Evidence and therefore you don't mind Ye are all guiddy-headed if you once get a thing into your heads you can't get it out again Mr. Just Atkins If the Jury did not believe it a great many others did L. C. J. All you build upon is but a false Conclusion because the Jury found you not Guilty therefore they found him Perjured Marshall My Lord Mr. Just Pemberton Pray Sir if you will speak any

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

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

nor ever saw him here in my life to my knowledge L. C. J. That may be Corker I likewise protest that I never said Mass in any publick place since I was borne L. C. J. It may be you count not Mr. Paston's a publick place Corker If it be a private place then I should know who were in the Company and who were admitted there L. C. J. No you were not 2 or 3 years ago so nice and cautious whom you admitted to see you in the Exercise of what you call your Religion because the Execution of the Law was not so strict as now adays it is And therefore 't is very probable and may very well be that you were at Mr. Pastons House and yet not know all the Company Corker But I say I never did say Mass there Mr. Justice Pemberton Here are three Witnesses against you and do you think your bare Word will be taken against their three Oaths Mr. Recorder What say you to the Savoy Mr. Corker and I ask you because I would know whether you can speak Truth in any thing Corker I say as to the Savoy I never received any one Confession there And I do protest I never said Mass nor heard Confession in Somerset-house nor at Mr. Paston's in Dukes-street And as for the Savoy I humbly beg that since the denyal of it will not clear me I may not be my own Accuser L. C. J. Well Gentlemen of the Jury you hear what is proved against him by three Witnesses that they heard him say Mass and receive Confessions and deliver the Sacrament They tell you what Order he was of and that they saw him do the Acts of a Priest Corker I appeal to all the World that ever came to Somerset-house Whether ever any one heard me say Mass there L. C. J. Here is one hath Mr. Serjeant Strode We will Try William Marshall next who was charged upon the Jury as the others Mr. Belwood May it please your Lordship and you Gentlemen of the Jury William Marshall the Prisoner at the Bar stands Indicted for High-Treason The Offence is not for being a Priest barely but that he being born an Englishman within the Kings Dominions and having received Orders from Rome did against the Laws of the Kingdom come and abide here Mr. Serjeant Strode Swear Dr. Oates and Mr. Bedloe which was done Dr. Oates pray stand up L. C. J. What can you say to Mr. Marshall's being a Priest Dr. Oates I have heard him say Mass in the Savoy and I have seen him in that posture that the Priests are in when they give Absolution L. C. J. Have you seen him in a Priests Habit say Mass Dr. Oates Yes in his Habit as a Benedictine Monk Mr. Justice Jones Did you ever see him give the Sacrament Dr. Oates Yes and Consecrate the Host Mr. Just Jones Well Have you any thing to ask him Marshal When was this Dr. Oates I have known him these three years to be a Priest Marshall That is a year longer then you knew me at the Tryall Dr. Oates It is a great while since that Tryal L. C. J. Ay that is a good while ago Marshall But where Mr. Oates and when Dr. Oates At the Savoy Marshall When Dr. Oates Within the compass of three years several times Marshall How does that afford me any occasion of Defence I can make no Plea unless he ascertains time Mr. Just. Pemberton 'T is good Evidence without confining himself to precise time L. C. J. He says a Dozen times within that Compass Marshall But why does he not name some particular time for unless he name the time How is it possible for us to disprove him L. C. J. He tells you many times in three years Marshall But when L. C. J. Why within three years Mr. Justice Dolben What if he could tell you when Marshall Let him name the day then we could disprove him and let him name the day and if I do not disprove him I will be hang'd L. C. J. 'T is an improper Question that you Ask. Mr. Just Pemberton He is not bound to name the day Dr. Oates Well I will pitch upon a day now Marshall When was it Dr. Oates Several times last Summer was Twelve-Moneth Marshall What before the Plot Dr. Oates Several times in that Summer before the Plot was discovered and several times the Winter before when I came over from Spain Marshall Did you hear me say Mass before you went over to Spain Dr. Oates Yes I did Mr. Justice Dolben Call another Witness Mr. Belwood Mr. Bedloe Mr. Serjeant Strode Pray will you tell what you know of Mr. Marshall Mr. Bedloe I know a great deal of him L. C. J. What of his being a Priest Mr. Bedloe I have seen him in his Habit of a Benedictine Monk in the Savoy L. C. J. Have you heard him say Mass Mr. Bedloe No my Lord I have not But he hath been preparing to go to take Confessions L. C. J. Did he own himself to be a Priest Mr. Bedloe He was in the Habit of a Priest but I never saw him execute any part of the Office of a Priest Mr. Justice Pemberton Did you hear him declare that he hath been going at any time to take Confession Mr. Bedloe The Monks have said when he hath been gone that he went to take Confessions L. C. J. Upon your Oath Have you ever heard him own himself to be a Priest or ever say that he was going to take Confession Mr. Bedloe No my Lord but I have seen him in a Monks Habit and within half an hour he was in a Secular Habit for when they went abroad they took Confessions in their Secular Habit. L. C. J. How often have you seen him in a Monks Habit Mr. Bedloe I do not know whether it were more then once And I Asked then Where is our Father going Mr. Justice Pemberton And what said they to you Mr. Bedloe He was going to take Confessions Mr. Justice Dolben Have not you your self been Confessed by Marshall Mr. Bedloe No my Lord. L. C. J. What say you to him will you Ask him any Questions Marshall I do not I think need to Ask this VVitness any Questions L. C. J. That shall be observed for you if it be to your advantage If you have any thing to say for your self pray speak it Marshall If there be but one Witness VVhat need I make any Defence L. C. J. VVhat say you to Mr. Oates Testimony Marshall As for Mr. Oates if your Lordship will but promie that it shall not prejudice me as to the point of having but one VVitness I have much to say for my self But I think I need not trouble your Lordship with it Sir John Keiling VVere not you here when Marshall was Tryed for the Plot Mr. Bedloe Yes Mr. Justice Pemberton You must not Ask him any Questions about that Marshall My Lord I say if your Lordship will but grant that the VVitnesses may