CO
; ' • I
v . V \ • •» - N
A brief
ACCOUNT
OF THE
PROCEEDINGS
Againft the
Six Popifli Priefts,
Condemned for HIGH-TREASON
The 17th day of this inftant January, ' 16£.
VIZ.
Lionel Anderfon,^ f Henry Star key.
alias Munfirn. ( jjames Corker, } Two Benedi&ine Monks,
William Ruffe I. f j . and > formerly tryed with
George Parry. J ( Will. Marfbal,) Wakeman.
With whom was likewife tryed Alexander Lumfdell,
•' •* . ^
Who though he appeared to be aPrieft, yet being born in Scotland,
he continues upon a Special Verdid.
The Heads of the Evidence againft each of them,
and their Defences and Behaviour.
THere were Eight Priefts in all brought down and Arraigned
this day •, but the firft, called David Jofeph Kemjh, being a
very aged man, and appearing extreatn weak and ill, the
Court upon bis requeft was pleafed, after he had pleaded Not Guilty,
to remit his Try alto another opportunity, when he might be better
able to make his defence.
The other Seven were Tryed finglyand fucceflively one after the
other, by one Jury, conlifting of perfons of good worth, againft Whom
none of them made any Challenge or Exceptions. Corker and Mar-
A • Jhdl
fial before they pleaded, infifted on their former fryal, pretending
thty were then acquitted of all Treafons : but the Court (many of
the Judges, and particularly the Lord Chief Juftice Scroggs being
prefent) anfwered, that this teas another fort of treafon , for which
they were not then quejlioned, lo that this vain luggeftion was over¬
ruled. They were Indi&ed upon the Statute of 27 to this ef¬
fect : That being born in the Kings Dominions, they had received
Ordination from the See of Rente, and after that came into and
abided in the Kingdom, contrary to that Law which had made that
Offence High-Trealon. .
The Kings Gouncil opened the Indi&ments learnedly , and let
forth the neceflity and juft reafon for making this Law, becaule of
the many Trealons praftiled and promoted by Jefuits and Popifh
Priefts againft Queen Elizabeth^ and (hewed, that whoever does
take Orders from Rome, does in effect renounce his Allegiance to
the King, for he thereby oWns another Supream Power, viz. the
Popes 3 which is fuch, according to the Do&rine of that damnable
Church, that he can excommunicate and depole the King, and ablolve
all Subje&s from Obedience to him.
The Evidence that appeared and were made ufe of, were Dodtor
Oates, Mr. Bedloe, Mr. Dugdale, Mr. , and Mr.
The firft that came upon his Tryal, was Lionel Anderf on, alias
Munfon, an antient man, and feeming to be fick3 againft him Three
Witneffes (wore, that they had feen him officiate as a Prieft, receive
Gonfefiion, fay Mafs, Confecrate and Adminifter the Eucharift, &c.'
and particularly Mr. Dangerfield deposed, that while he was in the
Kings-Bench for Debt, and this Anderfon there likewife a Prifoner, he
told the Witnels he had a Letter from the Lady That the (aid
Mr.Dangerfield (hoold skewer his Kettle, by which phrafe 3 they mean,
Confels his fins 3 and that acordingly he did go to Confeffion with the
now Prifoner , and received the Sacrament, after which the Prifoner
put him upon Drinking hard with another perfon , to pump out
tome things for the invalidating Mr. Evidence 3 and Mr. Dan¬
gerfield being fcrupulous fo to do, left he {hould be drunk on the lame
day that he had received, this precious Father told him, 'twas all one
for that , he would give him leave to be drunk, (ince 'twas for the
good of theCaufe.
Next Corker was brought on, againft whom two of the Evidence
teftified, That he had likewife officiated in the lame manner at the
) _
Savoy, and feen him in his Preaching Habit. 'Twasalfb proved that
he had a Patent to be Bifhopof London.
Againft Mr. Marjhal there was only Dr. , that could fwear
that he had heard him fay Mafs 3 yet Mr. Bedloe had feen him in his
Habit, and when he put it off, was told he was going abroad to
receive Confeffions : but to put the matter out of doubt, it was pro¬
ved by Two Witneffes, that when he was Tryed for the Plot, he
owned himfelf in open Court to be a Prieft 3 which though he now
denyed, yetfeveral of the Court well remembred it, This Gentle¬
man
L 3 J
than as he had a voluble Tongue, and affeded Eloquence, took up
nuich time with his Rhetorical Harangues , and urged much his ac¬
quittal by the former Jury , whence he would infer, that Dr.
apd Mr. Bedloe were Perjured, in fwearing they were' concerned in
the Plot, when yet they were found Not Guilty 5 and that thence
they were never more to be counted credible Witneffes. But Mr.
Juftice Pemberton took him up roundly for that fawcy Reflexion, tel¬
ling him, A Witnefs might give a juft and true Evidence, and yet it
might happen , a Jury not to believe it 5 but God forbid thence the
itnefs fhould be cenfured as Perjur'd or Invalid. The Prifoner
likewife call'd their old Voucher Ellen Rigby^ who faid (he never faw
Mr. Oates in the Savoy at the times he mentioned 5 which feemed ve¬
ry little to the purpofe, for he might be there and (he not fee him :
belides, they made a mighty ftir, that Mr. Oates could not fee them
there at Mafs , becaufe he was then but newly reconciled to their
Church, and fo it was notlikeiy they fhould truft him : but to that
they were told, That in 1677. and 1678. they were not Co very fhy of
faying Mafs, or cautious who heard, efpecially being a new Convert.
William Rtijjel was ufedto harbour in Wildhoufe, where 'twas pro¬
ved that he had faid Mafs, and at other places. His Veftments were
likewife taken with him, which at that time he owned to be his, as
was (worn by the Honourable Sir William , though now his
Fatherhood thought fit to tell a Lye, and dilbwn it.
George Parry was well known by feveral of the Witneffes to be a
Prieft, who had been at Mafs with him fundry times 5 and Mr. Prance
was fo well acquainted with him, that he feized him long fince the
Difcovery of the Plot in the ftreet 5 and he had indeed reafon tore-
member him, for that he had dealt with him in his Trade, bought
filver boxes for Hallowed Oyl, and other knacks of him $ and once
fold him a Confecrated Chalice, by the fame token he would not let
the Witnefs touch it, till he had broken off a piece of it, left the Sa¬
cred Veffel fhould be prophaned whilft it was intire, by a Lay-mans
handling. •
Henry Starkly was a lufty ancient Gentleman, with but one Leg,the
other being loft, as he alleadged, in the Kings fervice in the late Givil
Wars. Though the Witneffes named feveral places where they had
heard him fay Mafs, he ftiftly denyed it, and made fblemn Imprecati¬
ons that he was never at fuch places in his life.
Alexander Lumfdell was a Fryar, and Predicator- General of his
Order. He was proved as plain as the reft, to be a Prieft ; but by
his voice and affirmation it appearing probable that he was a Scotch-
man, and born , as he faid, at Aberdeen, it feemed a point of difficulty
to the Court, whether he fhould come within thofe words of the Sta¬
tute, Born within the Queens Dominions, fince at that time Scotland
was under another Monarch: and therefore it was thought fit to di¬
re# the Jury to a Special Verdict So thatVuhout Sentence, he muft
remain fo Convi# till the Judges (hall have determined the matter.
Their
Y
C 4 J '
Their Defence in general appeared rather crafty than folia, allow¬
ing themfelves a liberty of denying the mcft apparent Truths 5 the
main Plea of them All being, That they were not proved , be-
caule none of the Evidence were by when they received Orders 5 but
as to that the Court relblved them, that it was enough that they had
exerciled thole pretended facred Offices, which none but Priefts in
their Church are allowed to perform: For ctherwilethe Statute were
vain, and its Force wholly eluded ; befides, lome had confeffed them-
felves Priefts, and the Orders of one had been leen by one of the
Witneffes. Then they all lay at catch about circumftances of time
and place , wherein it was morally impoflible that the Evidence
Ihould be pofitive 5 or if they could have been lo, the Prilbners
would have had lome of their own Gang that, to ferve their turns,
(hopld have alleadged they were then at other places. To this pur-
pole one of them produced two young Lads that affirmed very round¬
ly, that the Priloner was from Chrijlmas1677, till next, at
luch a ptece in the Country 5 that they faw him every day, becaufe
he conftantly dined at their houfe: Yet one of thele ill-tutor d
Youths that could name the year of our Lord lo readily, being askt
how many years ago this was, could not tell; lb that the Juggling
was apparent. Being further askt, whether they were lure they
dined every day, and particularly 01 and Good friday,
they anfwered affirmatively, though 'tis well knowrrno fuch thing is
ufual with Papifts. They were very frequent in Appeals to Heaven,
and pawning their Salvation at random, on trivial Circumftances, and
things no way credible, their main deligne being to fcandalize the E-
vidence.
The Jury, after about a Quarter of an Hours Withdrawment, brought them
in Guilty: And thereupon the Six before-mentioned being ieVeially asked, What
they had to offer why Sentence Ihould not pafs> Anderfen and Starkly pleaded
their former Loyalty and Services to the King, which Mr. Recorder piomifed to
relate to his Majefty. Marjhalwith a multitude of words cited the Lord
to prove Priefthood in itfelf no Crime# but was (hewn by the Court the Im-
pertmcncy of that Argument. He likewife infilled on the Kings Declaration for
Liberty of Ctnjcience > but was anfwered, That of whatever force the lame was,
yet it was never meant to extend to Popilh Priefts.
Thus after a full and fair hearing, Mr. Recorder in a grave and excellent
Uilcourfe proceeded to pafs the Sentence, ulual in Cafes of High-Treafon.
Thefe were the Heads of this Days Tranfa&ion ; which for the prefent
may latisfie people of the juft and equal Proceedings of the Court. But
for all Particulars, .we underftand the whole Tryals, exadfly taken, wjll
be made Publicque by Authority, to which the more Cutious arc refer¬
red.
FINIS