Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	king_n	parliament_n	power_n	33,826	5	5.6112	4	true

Text snippets containing the quad

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

within the Dominions of the King shall so far forget himself and what he ows to the King by his Birth and that Supremacy which he should maintain with his Life and Fortune as to acknowledge any other Forreign person to be Supream and to have a power to Depose the King and dispose of his Dominions as every one does that takes Orders from the See of Rome he cannot but be thought deserving of the greatest punishment Wherefore the Wisdom of our Nation the Parliament at the time when they made the Law found that the Religion Established that Religion which I hope in God will remain notwithstanding all the Enemies it ever had or shall have was invaded by such Priests as you they found the Life of the Queen at that time in great danger by the attempts of those Persons whom they had made their Proselytes into whom they had infused Principles That it was no Crime for them to depose their Queen since they had the Authority of their Pope to justifie the Fact And if once men can Preach such Doctrine and also but prevail with their Hearers to be of such a Perswasion if care were not taken we shall soon see an end of all sort of Government and of our Religion too But in as much as these Principles were not so visibly endeavoured to be put in practice till of late times though you were not permitted but connived at yet that is no Reason but the occasion of making the Law being revived the Execution of the Law should revive with it I suppose it is not unknown to any of us that there hath been an Hellish Plot against the life of the King and to destroy our Religion I would to God I could say the Plot was at an end For I must say Some of you I fear had too great a hand in it and what a sort of Monsters were prevailed upon to compass the same by you that are Priests and Jesuits who have wrought them up to such a belief that Murther in this World is a certain way to Saintship in that which is to come And though you seem to deny it your practices are a proof of it beyond all contradiction which is the reason that this Law which was a good Law at the time of the making and thought fit to be put in Execution then though it hath slept some time since should now be put in Execution against you who have occasioned all those mischiefs to this Nation in these latter times which occasioned the making of the Law And one thing more I should say to that man who pretends to merit by the good Services he hath done for the publick that he should injoin a man to scour his Kettle as he calls it to receive the Sacrament and then give him a Dispensation to be Drunk and make another so to promote a damnable Design is such a power of Priesthood fit only for the Pope and his Imps to put in practice But to say no more in Charity I am bound to Compassionate your Condition which with all my Soul I do and heartily can say to you I am sorry to see you in that misery it was in your own power to have prevented it but seeing you have made your selves Obnoxious to the Law the only thing required of me is to pronounce the Sentence that that Law hath Decreed And therefore in the Name of the Court I do pronounce this to be your Judgment Marshall May I ask one Question Mr. Recorder before you pronounce Sentence Mr. Recorder No Mr. Marshall you can't speak now but this is your Judgment and the Court does award it That you the several Prisoners now at the Bar be conveyed from hence to the place from whence you came and that you and every of you be conveyed from thence on Hurdles to the place of Execution where every of you are to be severally Hang'd by the Neck That you be severally cut down alive That your Privy Members be cut off your Bowels taken out and be burnt in your view That your Heads be severed from your Bodies That your Bodies be divided into four Quarters which are to be disposed at the Kings pleasure And the God of infinite Mercy have mercy upon your Souls Then the Prisoners were carried away and the Court Adjourned the Sessions FINIS

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.

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

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

for truth 〈◊〉 these men say whom yet perhaps they would not trust for 〈…〉 ●heir Shops they do as it were wage the Law and take it upon their Consciences that what these men say is true L. C. J. So they do Mr. Just Dolben If these things are not well proved nothing will be proved Mr. Just Atkins Have you any Witnesses that you would call Mr. Just Pemberton If you will call any you may Anderson How shall I call them when I did not know of my Tryal Mr. Recorder If you will send for any Witnesses the Court will stay if they be to any thing material Anderson My Lord I have against this Gentleman Mr. Dangerfield almost all the Prisoners of the Kings Bench for Witnesses L. C. J. Call them and name them Anderson Mr. Adderly Mr. Puller who can say that I never drunk a Pot of Ale with this man while he was there L. C. J. Who would you send for Anderson Those persons to prove that I had a grudge and prejudice against this man and that I desired to be removed to Newgate for that very reason Mr. Just Dolben But the Question is Whether you be a Priest or no And you can't send for any one that knows you but will say That he hath taken you for a Priest all along Anderson But still 't is but a Presumption not a Proof Mr. Just Dolben The Jury is to be Judge of that how far that goes L. C. J. What do you expect for proof Do you imagine there should be no proof to convict you upon that Statute unless we produce some Witnesses that actually saw you take Orders Anderson Yes I suppose so my Lord because Penal Statutes are to be taken strictly L. C. J. Look you then How vain would you make a Statute of England the Laws of your Countrey How idle a thing were it to expect any possibility of proof such as to convict a Priest if this be the interpretation of the Law That no man should be convicted by a Jury upon this Statute but one against whom two witnesses should swear they saw him take Orders where can we find such a Witness Anderson Admit that this Law were thus evaded yet there would be no inconvenience and I will prove it to your Lordship by Authority It was the opinon of all the Judges delivered about nine years agoe to the King and Council upon a Question about Laws against the Romish Recusants they all agreed That this Law was only made in terrorem Mr. J. Pemb. Look you Sir you must not talk so it is not to be permitted Mr. J. Dolben Will you go to arraign the Judges here L. C. J. No no the Kings Counsell did very honestly and prudently upon that matter for said Sir John Keiling 't is very true our Kings have not since this Law was made put the Statute in execution unto Rigor till you your selves occasioned it but still the Law was a good Law and absolutely necessary at its making as necessary as the preservation of the Queens life and the quiet of her Dominions and now 't is become as necessary for the preservation of the Protestant Religion which all your Arts are employed to undermine and more necessary again for the preservation of our Kings life against which your contrivances are so bent Mr. J. Pemb. Do you think that you shall be heard here to dispute against the Law and say it was no matter for the Law it is a void Law and scandalize the Judges that they gave it for their opinion that it was only in terrorem Anderson No I dispute for the Law Mr. J. Pemb. You must employ your time otherwise if you intend to be heard Anderson Then this is that I require I desire these things may be proved First that I am an Englishman and then that I took Orders from Rome and then that I abode here contrary to the Statute which things in this penal Statute must be proved L. C. J. You have upon the matter proved the first your self in your appeal to my Lord Chief Baron that he knew your Father who is a Lincolnshire man Anderson I might be bred and born beyond Sea tho my Father was so L. C. J. If you will give no proof to the contrary a little proof will serve the Jurys turn hearing you speak and knowing your Father was a Lincolnshire Gentleman Anderson No Negative can be sworn they must prove the affirmative L C. J. That will turn the proof upon you to the contrary Mr. J. Atkins A reasonable proof against you with such probability will put it upon you to disprove it Mr. J. Pemb. Look you Mr. Anderson if you have any witnesses to call for or send for the Court will give you leave to stand by a little and send for them but if you continue to argue in this manner the Court will give their directions to the Jury L. C. J. But Mr. Anderson the Court will do you all the Justice that can be expected If you have any material witnesses to be sent for the Court will have patience till they come but then you must be sure they are material witnesses for we will not go to loose time upon a bare surmise If it be only to prove this Negative that Mr. Dangerfield was never in your company in the Kings-Bench it will signify nothing for there are three witnesses without him Mr. J. Pemb. Have you any witnesses to prove that you were born beyond Sea or any thing that is material we will stay for them Mr. J. Ellys There is nothing now in question but whether you be an Englishman and a Priest and if you can prove that you are not so you say well But I think you deny not now but that you are a Priest only you would have us prove that you are an Englishman Your Speech betrays you and there is so much Evidence against you that I have not heard in any Case as I know of And all your Witnesses will be to little purpose Anderson Only this I desire to observe That I have been a man always countenanced by the best of Kings and His Privy Council and if the Parliament had not been dissolved I had been protected by the Parliament Now I say if your Lordships think me worthy of any consideration as I have been a man that have given several testimonies of my Loyalty and Obedience to the Government I desire your Lordships would please to stay till you know the Kings pleasure L. C. J. You know where you must apply your self for that we are barely upon our Oaths and so is the Jury too to try the Fact whether you be a Priest and this I will tell you and I must say to you I dare appeal to your own Conscience whether this Issue your being a Romish Priest is not as plainly and evidently proved to the satisfaction of all mankind as any thing can be Anderson But 't is all by presumption still L.

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

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

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

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

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