A brief account of the proceedings against the six popish priests, condemned for high-treason on the 17th day of this instant January, 1679/80 viz. Lionel Anderson, alias Munson, William Russell, George Parry, Henry Starkey, James Corker, and Will. Marshal, two Benedictine monks, formerly tryed with Wakeman : with whom was likewise tryed Alexander Lumsdell : who though he appeared to be a priest, yet being born in Scotland, he continues upon a special verdict : the heads of the evidence against each of them, and their defences and behaviour. 1680 Approx. 12 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A49468 Wing L3484 ESTC R13910 13587512 ocm 13587512 100597 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. 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Anderson, Lionel, d. 1710, defendant. Corker, James Maurus, 1636-1715, defendant. Kemish, David Joseph, defendant. Lumsden, Alexander, defendant. Parris, Charles, defendant. Russel, William, defendant. Starkey, Henry, defendant. 4 p. s.n., [London? : 1680] Caption title. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Anderson, Lionel, d. 1710 -- Trials, litigation, etc. Corker, James Maurus, 1636-1715 -- Trials, litigation, etc. Kemish, David Joseph -- Trials, litigation, etc. Lumsden, Alexander -- Trials, litigation, etc. Parris, Charles -- Trials, litigation, etc. Russel, William -- Trials, litigation, etc. Starkey, Henry -- Trials, litigation, etc. Popish Plot, 1678. Trials (Treason) -- England. 2006-08 TCP Assigned for keying and markup 2006-09 Apex CoVantage Keyed and coded from ProQuest page images 2006-10 Celeste Ng Sampled and proofread 2006-10 Celeste Ng Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion A brief ACCOUNT OF THE PROCEEDINGS Against the Six Popish Priests , Condemned for HIGH-TREASON The 17th day of this instant January , 1679 / 80. VIZ. Lionel Anderson , alias Munson . William Russel . George Parry . Henry Starkey . Two Benedictine Monks , formerly tryed with Wakeman . James Corker , and Will. Marshal , With whom was likewise tryed Alexander Lumsdell , Who though he appeared to be a Priest , yet being born in Scotland , he continues upon a Special Verdict . The Heads of the Evidence against each of them , and their Defences and Behaviour . THere were Eight Priests in all brought down and Arraigned this day ; but the first , called David Joseph Kemish , being a very aged man , and appearing extream weak and ill , the Court upon his request was pleased ; after he had pleaded Not Guilty , to remit his Tryal to another opportunity , when he might be better able to make his defence . The other Seven were Tryed singly and successively one after the other , by one Jury , consisting of persons of good worth , against whom none of them made any Challenge or Exceptions . Corker and Marshal before they pleaded , insisted on their former Tryal , pretending they were then acquitted of all Treasons : but the Court ( many of the Judges , and particularly the Lord Chief Justice Scroggs being present . ) answered , That this was another sort of Treason , for which they were not then questioned , so that this vain suggestion was over-ruled . They were Indicted upon the Statute of 27 Eliz. to this effect : That being born in the Kings Dominions , they had received Ordination from the See of Rome , and after that came into and abided in the Kingdom , contrary to that Law which had made that Offence High-Treason . The Kings Council opened the Indictments learnedly , and set forth the necessity and just reason for making this Law , because of the many Treasons practised and promoted by Jesuits and Popish Priests against Queen Elizabeth ; and shewed , 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 ; which is such , according to the Doctrine of that damnable Church , that he can excommunicate and depose the King , and absolve all Subjects from Obedience to him . The Evidence that appeared and were made use of , were Doctor Oates , Mr. Bedloe , Mr. Dugdale , Mr. Prance , and Mr. Dangerfield . The first that came upon his Tryal , was Lionel Anderson , alias Munson , an antient man , and seeming to be sick ; against him Three Witnesses swore , that they had seen him officiate as a Priest , receive Confession , say Mass , Consecrate and Administer the Eucharist , &c. and particularly Mr. Dangerfield deposed , that while he was in the Kings-Bench for Debt , and this Anderson there likewise a Prisoner , he told the Witness he had a Letter from the Lady Powis , That the said Mr. Dangerfield should skower his Kettle , by which phrase ; they mean , Confess his sins ; and that acordingly he did go to Confession with the now Prisoner , and received the Sacrament , after which the Prisoner put him upon Drinking hard with another person , to pump out some things for the invalidating Mr. Bedloes Evidence ; and Mr. Dangerfield being scrupulous so to do , lest he should be drunk on the same day that he had received , this precious Father told him , 't was all one for that , he would give him leave to be drunk , since 't was for the good of the Cause . Next Corker was brought on , against whom two of the Evidence testified , That he had likewise officiated in the same manner at the Savoy , and seen him in his Preaching Habit. 'T was also proved that he had a Patent to be Bishop of London . Against Mr. Marshal there was only Dr. Oates , that could swear that he had heard him say Mass ; yet Mr. Bedloe had seen him in his Habit , and when he put it off , was told he was going abroad to receive Confessions : but to put the matter out of doubt , it was proved by Two Witnesses , that when he was Tryed for the Plot , he owned himself in open Court to be a Priest ; which though he now denyed , yet several of the Court well remembred it . This Gentleman as he had a voluble Tongue , and affected Eloquence , took up much time with his Rhetorical Harangues , and urged much his acquittal by the former Jury ; whence he would infer , that Dr. Oates and Mr. Bedloe were Perjured , in swearing they were concerned in the Plot , when yet they were found Not Guilty ; and that thence they were never more to be counted credible Witnesses . But Mr. Justice Pemberton took him up roundly for that sawcy Reflection , telling him , A Witness might give a just and true Evidence , and yet it might happen , a Jury not to believe it ; but God forbid thence the Witness should be censured as Perjur'd or Invalid . The Prisoner likewise call'd their old Voucher Ellen Rigby , who said she never saw Mr. Oates in the Savoy at the times he mentioned ; which seemed very little to the purpose , for he might be there and she not see him : besides , they made a mighty stir , that Mr. Oates could not see them there at Mass , because he was then but newly reconciled to their Church , and so it was not likely they should trust him : but to that they were told , That in 1677. and 1678. they were not so very shy of saying Mass , or cautious who heard , especially being a new Convert . William Russel was used to harbour in Wildhouse , where 't was proved that he had said Mass , and at other places . His Vestments were likewise taken with him , which at that time he owned to be his , as was sworn by the Honourable Sir William Waller , though now his Fatherhood thought fit to tell a Lye , and disown it . George Parry was well known by several of the Witnesses to be a Priest , who had been at Mass with him sundry times ; and Mr. Prance was so well acquainted with him , that he seized him long since the Discovery of the Plot in the street ; and he had indeed reason to remember him , for that he had dealt with him in his Trade , bought silver boxes for Hallowed Oyl , and other knacks of him ; and once sold him a Consecrated Chalice , by the same token he would not let the Witness touch it , till he had broken off a piece of it , lest the Sacred Vessel should be prophaned whilst it was intire , by a Lay-mans handling . Henry Starkey was a lusty ancient Gentleman , with but one Leg , the other being lost , as he alleadged , in the Kings service in the late Civil Wars . Though the Witnesses named several places where they had heard him say Mass , he stiffly denyed it , and made solemn Imprecations that he was never at such places in his life . Alexander Lumsdell was a Fryar , and Predicator-General of his Order . He was proved as plain as the rest , to be a Priest ; but by his voice and affirmation it appearing probable that he was a Scotchman , and born , as he said , at Aberdeen , it seemed a point of difficulty to the Court , whether he should come within those words of the Statute , Born within the Queens Dominions , since at that time Scotland was under another Monarch : and therefore it was thought fit to direct the Jury to a Special Verdict . So that without Sentence , he must remain so Convict till the Judges shall have determined the matter . Their Defence in general appeared rather crafty than solid , allowing themselves a liberty of denying the most apparent Truths ; the main Plea of them All being , That they were not proved Priests , because none of the Evidence were by when they received Orders ; but as to that the Court resolved them , that it was enough that they had exercised those pretended sacred Offices , which none but Priests in their Church are allowed to perform : For otherwise the Statute were vain , and its Force wholly eluded ; besides , some had confessed themselves Priests , and the Orders of one had been seen by one of the Witnesses . Then they all lay at catch about circumstances of time and place , wherein it was morally impossible that the Evidence should be positive ; or if they could have been so , the Prisoners would have had some of their own Gang that , to serve their turns , should have alleadged they were then at other places . To this purpose one of them produced two young Lads that affirmed very roundly , that the Prisoner was from Christmas 1677 , till Hollantide next , at such a place in the Country ; that they saw him every day , because he constantly dined at their house : Yet one of these ill-tutor'd Youths that could name the year of our Lord so readily , being askt how many years ago this was , could not tell ; so that the Juggling was apparent . Being further askt , whether they were sure they dined every day , and particularly on Ash-wednesday and Good-friday , they answered affirmatively , though 't is well known no such thing is usual with Papists . They were very frequent in Appeals to Heaven , and pawning their Salvation at random , on trivial Circumstances , and things no way credible , their main designe being to scandalize the Evidence . The Jury , after about a Quarter of an Hours Withdrawment , brought them in Guilty : And thereupon the Six before-mentioned being severally asked , What they had to offer why Sentence should not pass ; Anderson and Starkey pleaded their former Loyalty and Services to the King , which Mr. Recorder promised to relate to his Majesty . Marshal with a multitude of words cited the Lord Cook , to prove Priesthood in itself no Crime ; but was shewn by the Court the Impertinency of that Argument . He likewise insisted on the Kings Declaration for Liberty of Conscience ; but was answered , That of whatever force the same was , yet it was never meant to extend to Popish Priests . Thus after a full and fair hearing , Mr. Recorder in a grave and excellent Discourse proceeded to pass the Sentence , usual in Cases of High-Treason . These were the Heads of this Days Transaction ; which for the present may satisfie people of the just and equal Proceedings of the Court. But for all Particulars , we understand the whole Tryals , exactly taken , will be made Publicque by Authority , to which the more Curious are referred . FINIS .