Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	king_n	prisoner_n	3,229	5	8.3987	4	false

Text snippets containing the quad

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

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

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