Page images
PDF
EPUB

L. C. J. No: For if the other part of the evidence did not amount to a proof of a design of disparaging their testimony, you had a very strong objection of it: but if they lay five things, and they prove but one of them upon you; if that one serves to the disparaging of Oates and Bedlow, which is the substance of the indictment, that maintains the indictment. Mr. Holt. It does so, my lord; but not the aggravations.

L. C. J. All that you say then is in mitigation of a fine; but if all be true that is proved upon your client, as I see no reason to doubt it, you will save but little by this defence.

Mr. Holt. My Lord, as to the matter, it all depends upon the credit of the witnesses, and credibility of the circumstance in themselves, and one with another. Some of the evidence is but very slight, and sure were but produced to spend time.

L. C. J. Indeed there was a great deal of it to little purpose: for ought I see, this trial needed not to have been above an hour.

Mr. Holt. As for his saying he should have 100l. a year, and the bettering of his fortune, it was but his vanity and extravagance.

L. C. J. Mr. Holt does argue as much for his client as the case will bear.

· Mr. Holt. They have endeavoured to lay all upon us; now if so be we are affected with any severe evidence, I think the same evidence (to requite them) does affect them.

L. C. J. This is a kind of battle-royal, where every one hath two enemies to oppose.

Mr. Holt. Here is Mr. Dangerfield, he comes, and in his evidence tells you, That my lady Powis was so long upon her knees to thank God that her party was so much strengthened by the accession of Lane: My lord, I desire the quality of Mr. Lane may be taken notice of; a footman and a young rash fellow, one that both for age and quality could not be very considerable. L. C. J. But two witnesses are better than one, Mr. Holt; do you remember that? Knox used that expression, If Lane do but keep firm, we shall be too hard for Osborne alone, for two -witnesses are better than one; but by that he counted Lane worth something.

Mr. Holt. You must consider, what he was to swear, they could scarce get an evidence so proper for what they would have him swear.

L. C J. Mr. Williams, what answer can you give to all the transactions that Mr. Dangerfield tells you of about Knox? Besides, take notice of this; you would have this to be a contrivance by Lane and Osborne, to he between themselves, and that your client must be a stranger to it; and when he comes to know it, he knows it only as a remorse of conscience that they tell him they have, and desire him to go with them before a justice of peace to swear it, and be hearing something that might affect his master the earl of Danby, and believing that all was true, did encourage that matter only for his master's service, and thought he did a good act in it. But your subsequent behaviour shews it was a conspiracy rather; for,

first, your secret ways of sending your cunning notes, We all clubbed together, and you paid 2s. at the Sugar-loaf, tear this;' which shews, and does to my apprehension signify, as if he would never own that he spent any thing upon them, and that he was bountiful to them. And then the giving of money to the man to convey notes, that they might not betray one another; do not all these subsequent actions, especially those Dangerfield tells you of, and receiving the papers after they were enlarged upon, speak it a conspiracy? What can you say to all this? Mr. Williams. My lord

Justice Pemberton. Stay a little, and answer all together. Do but consider with yourself, those informations your client Mr. Knox did own he took, and before they were sworn, and carried them to my lord Latimer's lodging, and he himself owns that he took lodgings for them, and lay with them, and when the lords were in pursiut of them.

L. C. J. And then does he steal them from place to place, and takes lodgings for them, and pays for them.

Justice Jones. He brings one of them to make affidavit, and will keep it by him, is shy of showing it; afterwards does show it, this makes him a contriver too, as well as an exe

cutor.

Mr. Saunders. If your lordship please

Justice Pemberton. Consider too the papers that were put in too of caution, that Knox and they should not be found in several tales; for Knox had been examined before they were: what was the meaning of those instructions?

L. C. J. If you have any witnesses to wipe yourselves clean from the matter of receiving the papers from Dangerfield, and taking lodgings for them when they were under that accusation, do.

Mr. Saunders. I have a word to answer upon the testimony of Mr. Dangerfield.

Justice Pemberton. Consider this, that he attempted another man upon the same account; your client did tempt Wiggins to do the same thing to his master.

Mr. Saunders. That was in February before, and all that he said was, that he would have had out of Mr. Bedlow's servant, what company his master kept, and what he did.

L. C. J. You do observe right. Justice Pemberton. And to have betrayed his papers to him.

L. C. J. That does not reach this indictment indeed; but that thing that he would have tempted him to, was to have discovered, and to have a transcript of all the papers that concerned my lord of Danby; that he should watch in company, and know what lords were with him, that he might make his opposition as well as he could, and that he should have what place he did desire under my lord. It does not affect the case of the indictment, but it shews you are a tempter of men, and that you are a cautioner, that you would hire a man to betray his master's papers, which is not fair, let the master he who he will,

Justice Pemberton. It facilitates the belief of this.

L. C. J. Yes; Ay, ay, it is to make the jury more apt to credit what the evidence of this particular fact is.

Mr. Saunders. My lord, let me offer this word, and I submit: Mr. Dangerfield himself does swear, that Lane brought him a paper containing the same matter that he did falsly accuse Mr. Oates of, and he read it over three times to him, and then he swore it before sir James Butler. My lord, I will put my cause upon that point, Whether Mr. Dangerfield did not believe it to be true at that time.

Justice Jones. Your client is the more mischievous man, to contrive it so, as to make the thing to be believed when it was false.

L. C. J. The use of the argument he makes is this; that as Mr. Dangerfield might be deceived into a belief that the information was true, so might Mr. Knox as well when he saw one ready to swear it: but bath Dangerfield done those subsequent acts which he hath done in the confederacy, for which he is now indicted?

Mr. Saunders. He swears in his information, that they came to his hands from Lane and Osborne.

L. C. J. Well gentlemen, you of the king's council and of the jury, you need not any summing up of the evidence, I think the thing is evident.

Justice Pemberton. Gentlemen, it is a very

clear case, as clear as the day; I think you necd not go from the bar; but do as you will.

[Then the Jury laying their heads together, agreed without delay, and without moving from the bar.]

Cl. of Cr. Gentlemen, are you all agreed of your verdict. Omnes. Yes.

Cl. of Cr. Who shall say for you?
Omnes. Foreman.

Cl. of Cr. How say you, are the defendants guilty of the offence and misdemeanour whereof they stand indicted, or Not Guilty?

Foreman. Guilty. [At which the people gave a great shout.]

Serjeant Maynard. My Lord, I pray the verdict may be recorded.

Justice Jones. Let it be so. Come, where are these two young fellows? Let us see if they can shew their faces now. [And they were brought into the middle of the court.]

Knox. Will your lordship give me leave to speak one word for myself?

Justice Jones. No, no, there is no speaking now; take them into your custody, Marshal.Which was done, and the Court broke up.

They were afterwards sentenced : Thomas Knox to a fine of 200 marks, a year's imprisonment, and to find sureties for his good behaviour for three years. John Lane to a fine of 100 marks, to stand in the pillory for an hour, and to be imprisoned for one year.

259. The Trials of LIONEL ANDERSON alias MUNSON, WILLIAM RUSSEL alias NAPPER, CHARLES PARRIS alias PARRY, HENRY STARKEY, JAMES CORKER, WILLIAM MARSHAL, and ALEXANDER LUMSDEN,* with the Arraignment of DAVID JOSEPH KEMISH, at the Old Bailey, for High Treason, being Romish Priests, 31 CHARLES II. A. D. 1680.†

ON Saturday the 17th of January, 1680 at the ner and gaol-delivery of Newgate, for the counSessions-house in the Old-Bailey, by virtue of ty of Middlesex and city of London, the perhis majesty's commission of Oyer and Termi-sons hereafter named were arraigned and tried.

From a pamphlet entitled, "The Trials 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 Trial 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 Bailey, on Saturday January 17, 1679. Published by Authority. London: Printed for Thomas Collins and John Starkey, Booksellers, in Fleet-street, near Temple-bar, 1680."

+"The three lords, (Sunderland, Essex, and Halifax) and I," says sir William Temple, "thought of such acts of council as might express his majesty's care for suppressing Popery

[ocr errors]

even in the intervals of parliament. We only disagreed in one point, which was the leaving some priests to the law upon the accusation of being priests only, as the House of Commons had desired, which I thought wholly unjust without giving them public warning by proclamation to be gone, or expect the penalties of law within such a time; since the connivances had lasted now through three kings reigns. Upon this point, lord Hallifax and I had so sharp a debate at lord Sunderland's lodgings, that he told me if I would not concur in points which were so necessary for the people's satisfaction, he would tell every body I was a Papist. And upon his affirming that the Plo must be handled, as if it were true, whether were so or not, in those points that were st generally believed by city or country, as wel

And after the usual proclamation for attendance was made, the court proceeded in this

manner:

Cl. of Cr. Keeper, set David Joseph Kemish to the bar. [Which was done.] David Joseph Kemish, hold up thy hand. [Which he did.]

as both Houses: I replied with some heat that Mr. Speaker; and also touching several other the Plot was a matter long on foot before I things; and having given his answer, and be came over into England; that to understanding withdrawn, one captain Scudamore was it one must have been here to observe all the motions of it; which not having done, I would have nothing to do with it." Memoirs, Part 3. See sir W. Temple's Works, vol. 1, p. 339, fol. edit. of 1740.

The desire of the IIouse of Commons referred to in this passage was expressed in an Address which was voted on the 16th of Nov. 1678, which will be found below.

called in to the bar; and asked several questions, by Mr. Speaker, concerning one Elliot, a popish priest, formerly committed to gaol by the said captain Scudamore. And he having given his answer, and being withdrawn,

"Ordered, That the Thanks of this House be given to Mr. Arnold and Mr. Scudamore, for their informations this day given to the House of the growth of popery.

"And Mr. Arnold and Mr. Scudamore be

So early as the year 1675, the Popish Priests resident in England had reason to apprehending called in to the bar of the House, Mr. that the 27th of Eliz. would be enforced against Speaker did, in a short and eloquent speech, them. It appears by the Journal of the House give them the thanks of the House accordingly. of Commons, that

" November 8, 1675.

"Information being given to the House, of a very high insolence and violence committed upon M. de Luzancy, a convert of the Protestant religion, by one St. German, a Jesuit, and others, his confederates; and a Narrative in writing being tendered, and read, giving a particular account of the whole matter:

"Resolved, &c. That a Committee be appointed to take the said Narrative, now read, into consideration, and to examine the matter and report it, with their opinions, to the House: and also to consider of such ways and means as they shall find necessary for securing and encouraging of couverts to the Protestant religion, and to bring in a bill to that purpose; and also to examine, what Priests or Jesuits have been of late years committed or convicted; and by what warrants, and by whom procured, they have been released, reprieved, or pardoned; and to report the whole matter to the House, with their opinions therein; and it is referred to lord Cavendish, and 32 other members, or any five of them; and they are to meet this afternoon, at three o'clock, in the Speaker's chamber; and to send for persons, papers, and records.

"Resolved, &c. That the Lord Chief Justice of England be desired forthwith to issue his warrant for the apprehending St. German, the Jesuit, and his confederates; and for searching for, and apprehending, all priests and Jesuits whatsoever."

A

"On March 27, 1678, the House of Commons being informed, That mass is publicly said in several places within the county of Monmouth; and that there is one Mr. Arnold at the door, ready to make the same out. Paper, containing an information of several Popish Priests and Jesuits, and the persons that do countenance and support them, was delivered in to Mr. Speaker. Mr. Arnold was called in to the bar of the House; and asked divers questions by Mr. Speaker, touching the matters contained in the Paper delivered in to

"And it was Resolved, That a Conference be desired with the Lords, concerning the danger the nation is in by the growth of popery, and for providing remedies to prevent the same.

"An Address of the 20th of February, 1670, touching the growth of Popery, with heads and reasons thereto, was read. Resolved, &c. That it be referred to a Committee to consider of the said Address and Heads; and thereout, and upon the debates of the House, to prepare and draw up Reasons to be offered at the said Conference."

"On the 29th of April following, the House proceeded to the consideration of a report made by sir John Trevor which was read by the clerk, and is as followeth :

"The first Head ;

"The Names of Popish Priests; by whom kept; the Chapels, and other places where mass is said, and resorted to, in the county of Monmouth.

"1. John Arnold, of Llanvihangell, in the county of Monmouth, esq. late a justice of the peace there, by his examination saith, that he hath known Mr. David Lewis* for seven or eight years; who hath been for all that time, and before, reputed a Jesuit, and Provincial of the Jesuits, in the county of Monmouth: That for several years past, he lived Llantarnam house, then in jointure to the lady Morgan; which by her death, about two years since, came to sir Edward Morgan; where the said David Lewis publicly said mass, as he hath been credibly informed by persons that were present thereat. He likewise says, That he hath seen the chapel, altar, and ornaments in the said house, for the celebration of mass: That the said David Lewis lives now near Llautarnam aforesaid; and doth also, as he hath been informed, say mass at a popish chapel, near Mr. Gunter's house in Abergaveny town.

"2. Charles Morgan, gentleman, by his examination upon oath, saith, That David Lewis,

* See his Case, supra, p. 250.

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 sovereign 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

a popish reputed priest, doth often frequent theries and christens in the said parish; and has house of one Mr. Thomas Gunter, of Aber-endeavoured to pervert several of the parish to gaveny. the popish religion.

"10. Mr. Samuel Watkins, vicar of LantilioGresseny and Penrose, in the county of Monmouth, upon his oath, says, That Mr. Walter, Harries alias Price, and another Mr. Harries, say mass at William Pullen's house; and likewise do often christen.

"3. William James, by his examination upon oath, saith, That he bath known David Lewis to be a popish priest this 16 years; and believes him to be the superior of all the Jesuits in North and South Wales: he and his wife have received the Sacrament of him; hath seen him administer it to above 100 persons; hath seen "11. Mr. Aron Lewis, of Landigua, in the him christen several children, and marry se- county of Monmouth, upon his oath, says, That veral persons at a chapel in Llantarnam house, several persons have informed him, that Walter and at the houses of Andrew and Edward Wil- Harries alias Price, is a popish priest, and had liam: That a great number resort to Llantar-christened several of their children; and that nam to hear mass. Deposeth further, That the said Price said mass publicly; and that he he hath given several angels to the said David | lives in the house of Mrs. Catherine and Lewis, to pray for the soul of his father-in-law, Christian Milbourne. after he was dead: and that his father-in-law told him and his wife, that he was fain to give 50l. to the said David Lewis, to be disposed to pious uses; and that if he did not give it, he should neither have the sacrament, nor absolution. And he further saith, That he knoweth Wm. Cornelius, who hath officiated as clerk at mass to the said David Lewis, this 15 or 16 years and that the said Wm. Cornelius was both a constable and churchwarden for the parish of Langatuck.

"4. Dorothy, the wife of Wm.-James, deposeth, That she hath known David Lewis to be a popish priest these 20 years; hath seen him say mass at Llantarnan, and elsewhere; she and her husband having received the sacrament from him; and hath seen him administer it to several persons; and marry and christen several times: she knoweth, that one William Cornelius hath officiated as clerk to the said David Lewis, for 16 years past, and above.

"3. Mr. Arnold says, That he hath known captain Syliard four or five years: that he hath been informed by the minister of Lanarth, and others, That he is a Romish priest, and doth openly say mass in that parish; to which great numbers do resort: that most of the parish are papists.

6. Thomas Watkins, vicar of Lanarth, upon his oath, deposeth, That one Syliard, a reputed popish priest, resides in the said parish. "7. Mr. Charles Morgan, upon his oath, saith, That the said Mr. Syliard, a reputed popish priest, lives with Mrs. Jones, of Lanartb, widow.

8. Mr, Arnold says, That Mr. Harris alias Price, is reputed to be a popish priest.

"9. Thomas Watkins, of Lanarth, upon his oath, deposeth, That Walter Harry alias Price, is a reputed popish priest; resideth in Clitha, a hamlet in Lanarth, in the house of Mrs. Christian Milburne: That there are above 80 reputed popish recusants, besides children and servants, in that parish: That he hath been informed, that the said Price says mass, mar

[ocr errors]

"12. Alice, the wife of the said Mr. Aro Lewis, upon her oath, saith, That she knoweth the said Mr. Walter Price to be a popish priest: Hath seen and heard him say mass 40 times; hath received the sacrament from him; hath seen him administer it to a hundred more; bath seen him often marry and christen; hath perverted several Protestants from the Church of England to the Church of Rome; as James Prichard and Catherine his wife, Charles Watkins and Margaret his wife, and the wife of William Arthur, and several others.-She further saith, that she hath seen above 100 at mass at one time, at Mrs. Christian Milborne's house; and that the crowd was so great, that the loft was forced to be propped, lest it should fall down under the weight: That she bath confessed her sins to the said Price; and that he gave her absolution.

13. William Lewis, of Ragland, in the County of Monmouth, upon his oath, saith, That he hath seen Mr. Price, who doth, or lately did live at the house of Mrs. Milborne, say mass, and preach in Welch: That the said Price did earnestly endeavour to turn him from the Church of England to the Church of Rome; telling him, that he should never see the face of God, unless he would be of their way.

"14. Mr. Roger Seys, upon his oath, saith, That the said Walter Harry, alias Price, is a popish priest: And that he was present when it was proved before a justice of the peace, that the said Price had said mass.

"15. William James, upon his oath, saith, That he knoweth Walter Harries, alias Price, a popish priest; and hath seen him at mass; bath heard him say mass: And that he is entertained at Mrs. Milborne's house in Clitha.

"16. Mr. Arnold says, That he hath been very credibly informed, that one Dr. Pugh says mass publicly in the house of Mr. Thomas Rodnam of Blackebrook, both when Mr. Rodnam is at home, and when he is absent: That he hath been informed, that Walter James, esq. suffers one John Lloyd, a reputed priest,

the reign of Queen Elizabeth, and before the 15th of November, in the 30th year of the reign of our sovereign lord the king that now is, The laws and statutes of this kingdom of England to say mass in his house at Treivor: That he hath seen a chapel at Llanvaire in the house of Turbervill Morgan esq.; and an altar and ornaments in it: And he hath been informed, that Thomas Lloyd, a popish priest, saith public mass, marries, christens, and buries in the said chapel.

"17. Mr. Samuel Watkins, vicar of Llantilio-Gresseny, Penrose, upon his oath, saith, That Mr. Lloyd, a reputed popish priest, says mass at the house of Turbervill Morgan, esq., in his parish: That there are three other houses in his parish, where reputed popish priests are entertained, and say public inass: And that there are in the parishes of LlantillioGressing, and Penrose, sixscore popish recu

sants.

"18. Mr. Arnold says, That he hath been informed by the minister and several witnesses that Mrs. Scudamore of Penrose, widow, suffers public mass to be said in her house; and that great numbers resort thither.

"19. Mr. Samuel Watkins, vicar of Penrose, upon his oath, saith, That one Mr. Lloyd, a reputed popish priest, is entertained at the house of one Mrs. Winifred Scudamore: And that he hath seen him there, and a great number of popish recusants resorting thither upon Sundays and holidays, to hear mass, as he conceiveth; and he verily believes, all her children were christened by popish priests.

:

"20. Mr. Arnold says, That he hath seen a public chapel near the house of Mr. Thomas Gunter, a papist convict in Abergaveny, adorned with the marks of the Jesuits on the outside and is informed, that mass is said there by captain Evans, a reputed Jesuit, and by the aforesaid David Lewis; that very great numbers resort to the said chapel, and very often at church time: And he hath credibly heard, that 100 bave gone out of the said chapel, when not 40 have gone out of the great church: And that the said chapel is situate in a public street of the said town'; and doth front the said street.

not regarding nor the penalties in the same contained any ways fearing, the said 15th day of November, in the 30th year of the king aforesaid at the parish of St. Giles's in the said Thomas Gunter told him that in Oliver's time of severity he kept a priest, and would keep one now: That many times corps came to be interred, with the formalities of white crosses upon them; and, endeavouring to hinder the said superstition, he hath been often abused: That he hath informed John Arnold, esq., and other justices of the peace, of public mass said there; and other enormities of the papists.

22. William James aforesaid, upon his oath, deposeth, that he knoweth Philip Evans, commonly called captain Evans, a popish priest, entertained by Mr. Thomas Gunter, at his house in Abergaveny.

"23. Mr. Arnold says, That the persons who commonly go under the names hereafter mentioned, do often change their names, and are called by other names; and are reputed to be itinerant priests in the counties of Hereford and Monmouth; and do usually officiate in ten miles compass; viz. Mr. Draycott, Mr. Elliot, captain Pugh, Dr. Pugh, Mr. Ryder, Mr. Morgan, Mr. Lloyd, Mr. Williams, Mr. Parry, Mr. Jones, Mr. Harries who is said to be superintendent of the Combe, Mr. John Hall, Mr. Thomas Powell, Mr. Harries, alias Price, Mr. Thomas Andrews.

"24. Tho. Watkins, vicar of Llanarth, upon his oath, deposeth, That Thomas Andrews a reputed popish priest, says mass very often at William Davie's house of Bettus, as he hath been informed.

"25. Mr. Sam. Watkins, vicar of LantilioGresseny, upon his oath deposeth, That Mr. Thomas Andrews, a reputed popish priest, is entertained at Mr. Anthony Powell's at Killough; where he hath seen him : And that he says public mass there: And that Mr. Hall a reputed popish priest, is entertained at Mr. James Prichard's house of Blean Llyman, where mass is publicly said: And he hath been informed, that another reputed popish priest, called Mr. Laurence Watkins, frequents the house of Mr. Walter Powell.

"26. Mr. Roger Seys, upon his oath, de"21. Mr. Greenhaugh, vicar of Abergaveny, poseth, That he heard it proved before several and Lantilio Bartholy in the county of Mon-justices of the peace of the county of Monmouth, upon his oath, saith, That on Sundays and holidays he hath seen great number of Roman catholics resort to the house of Thomas Gunter at Abergaveny: And that the said Gunter entertains one capt. Evans, whom he supposeth to be a popish priest: That there is the public marks of the Jesuits on the outside of the building; which is directly towards the parish church; and he is informed is their chapel: And that they have in that house all the formalities and ornaments unto a chapel belonging; with mass on Sundays, and other holidays. He deposeth, that there have been many marriages and christenings in both the said parishes, by popish priests: And further, that the

YOL. VII.

mouth, that Mr. Lawrence Watkins was a popish priest, and did officiate at the house of Mr. Charles Scudamore, deceased: And further deposeth, That Thomas Powell, a reputed popish priest, liveth at the house of the lady Jones of Treowen, which is distant about a quarter of a mile from the parish church of Dingeston; to which church, as he is informed there do not resort above sixteen or twenty persons, or thereabouts; when there do resort to the house of the said lady Jones threescore or thereabouts; all which do pass and repass through the said church yard of Dingestow, at the time of divine service.

"27. Mr. Charles Morgan, upon his oath, 3 G

« PreviousContinue »