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Then the Jury consulted together at the bar, Cl. of the Cr. Then hearken to your verand agreed.
dict, as the Court bath recorded it. You say, Cl. of the Cr. Gentlemen, are you all agreed that Samuel Atkins is not guilty of the felony of your verdict ?
and murder whereof he stands indicted; nor Omnes. Yes.
that he did fly for it. And you say that he is Cl. of the Cr. Who shall speak for you? not guilty, as accessary to the felony and mure Omnes. Our Foreman.
der whereof be stands indicted, nor that he did Cl. of the Cr. Samuel Atkins, hold up thy Ay for the same; and so you say all ? hand. (Which he did.] Look upon him. How Omnes. Yes. say you; is be Guilty of the felony and murder L. C. J. Mr. Atkins, I should have been whereof he stands indicted, or Not Guilty? very glad that the rest, who have been conFureman. Not Guilty.
demned, had been as innocent as you are; and Cl. of the Cr. Did he fy for it?
I do assure you, I wish all mankind had been Foreman. Not that we know of.
innocent. For, if any Protestant had been S. Atkins. God bless the king, and this ho. guilty of such a thing as this, it would have nourable bench. (On his knees.]
grieved 'me to the very, heart, that any ProtestCl. of the Cr. Samuel Atkins, hold up thy ant should do such things, as those priests prohand. (Which he did.) Look upon the prisoner. voke their proselytes to at this day: How say you, is he Guilty of the felony, as ac- Capt. Vittles. My lord, here is bis schoolcessary to the murder, as he stands indicted, or master will give your lordship an account how Not Guilty?
he was bred and brought up, and what a good Poreman. Not Guilty.
conditioned young man he was. Cl. of the Cr. Did he fly for it?
L. C. J. 'Well, well, captain, go you and Foreman. Not that we know of.
drink a bottle with him. S. Alkins.
God bless the king and this hoDourable bench. (On his knees.]
Then Mr. Atkins went from the bar.
249. The Trial of David LEWIS, a Jesuit, (pretended Bishop
of Llandaff), at Monmouth Assizes, for High Treason :
31 CHARLES II. A. D. 1679. [Written by Himself.] THE 28th of March, 1679, the assizes began were excepted by Mr. Arnold; whereupon, to at Monuouth, sir Robert Atkins being sole make up the jury, the judge commanded the judge. A grand jury of gentlemen was re- high-sheriff to call in some, and he called many, turned by the sheriff, and called, against several and of those, still Mr. Arnold excepted, as of whom Mr. Arnold and Mr. Price excepted, either being of my neighbourhood, or acquaintand so put by, as such they conceived might ance, for there being many in the country; the befriend me; a challenge not known before ; sheriff seeing so many of his calling excepted, for in the case between che marquis of Worces- be desired Mr. Arnold himself should cali ter, and the tenants of Wentwood, upon a riot, whom he pleased; whereat the judge checked Henry Williams, esq. and others would have the sheriff, and he said he was saucy : at last, excepted against some of that grand-jury, the with much ditficulty, a jury was impannelled, a same judge Atkins then positively said, It was jury now contrived, of none but such as pleased ridiculous and not usual to challenge out of a Mr. Arnold, principal prosecutor against me, grand-jury. At last a jury was sworn, and an which was very hard, and an ignorant jury it indictinent drawn up against me, upon the was withal: the jury being impannelled, it was. statute of tbe 27th Eliz. and preferred to the sworn, the indictment read, and witnesses grand.jury. That evening, being Friday, I was called, thus: arraigned upon that bill, to which I pleaded Clerk of the Assizes. David Lewis, hold up Not guilty. The next day, about ten of the thy, hand. Here thou standest indicted of clock in the morning, the judge came from the high-treason, by the name of David Lewis, for Nisi prius side, and sat at the crown side, and that thou, being a natural subject of the king I at the same time being brought to the of England, hast passed beyond seas, and hast bar, the crier made proclamation for silence, taken orders from the Church and See of Rome, that a jury for life and death might be impan- and hast returned back again into England, nelled, and I made my challenges ; presently and continued upwards of forty days, contrary a jury froin the other bar was called, which was to the statute 27 Eliz. in that case made and not usual, and I to challenge, the judge telling provided, which by the said statute is highme, I might eballenge without bindrance; by treason. What bast thou to say for thyself ? guess I challenged three ; but out of that Art thou Guilty, or Not Guilty?' Nisi prius jury called to the crown bar, and Prisoner. Not Guilty. that by Mr. Arnold's own suggestion, who had Clerk. By whom wilt thou be tryed? a strong influence upon the judge as being his Prisoner. By God and my country. kinsman, and sitting at his right hand, divers Clerk. God send thee a good deliverance
say to this?
Clerk. Crier, call William Price, Dorothy laughing-game of it? Carry yourself more moJames, Maney Trott, John James, Catharine dest, for the gentleman is for his life, and it is Thomas. He calls them, and they all appear. no jesting matter. Well, William James, look Then says the clerk to the crier, swear them: upon the prisoner. Do you know the prisoner? and he sware them all.
and what have you to say of him? Judge. (Sir Robert Atkins.) William Price, Wm. James. Yes, my lord, I do know him, look on the prisoner, do you know him? and I have seen bim read Mass many times,
Price. Yes, my lord, I do know him. and take confessions, and give the Sacrament, Judge. What have you to say of him? and christen, and marry.
Price. My lord, about a year and a half ago Judge. Have you any more to say? I saw him at Mrs. Bartlet's house, at a place Wm. James. No, my lord. called Castle-Morton in Worcestershire, and Judge. Mr. Trott, what have you to say of there I heard bim read Mass, I was at con- the prisoner? Did you ever bear him read fession with him, and I received the Sacrament Mass? Was he reputed commonly a Jesuit, or from him, according to that way.
Popish priest? Judge. Was there any altar, or any cruci- Trott. Yes, my lord, he was commonly refixes or copes ?
puted so, and I heard bim often read Mass; Price. Yes, my lord, that there were. and I saw him marry Mr. Ganter's daughter to Judge. How many times did you see him? Mr. Body. Price. But that once, my lord.
Judge. Were you then of that religion ? Judge. Were you of that way then ?
Trott. No, my lord, I was deluded by my Price. Yes, my lord, upwards of 18 years. wife out of the Protestant religion, and was a Judge. What are you now?
Papist during her life-time. Price. A Protestant, my lord.
Judge. Are you of that religion stil! ? Judge. Well, Mr. Lewis, what have you to Trott. No, my lord. When I saw their
wicked designs to kill my gracious king, I abPrisoner. With your lordship's leave, I will horred their traitorous proceedings, and left answer all together.
them, and am now a Protestant, in which I Judge. Very good, you do well, it will be so shall continue. inuch the shorter. Dorothy James, look on the Judge. You do well. prisoner, do you know him?
Arnold. My lord, there is Mr. Roger Sayes, Dorothy. Yes, my lord.
a very material witness. Judge. What have you to say of him?
Judge. Crier, swear him. Mr. Sayes, what Dorothy. My lord, I saw him say Mass, take have you to say against the prisoner? confessions, give the Sacrament, marry, chris- Sayes. My lord, I was employed with others, ten, and heard him preach in the English and on the 16th of November last, to go and search Welch.
for bim, and we found him, and took him, with Judge. Were there altars and crucifixes ? several Popish things, which we carried away,
Dorothy. Yes, my lord, altars, crucifixes, &c. chalices, and such other things belonging to Judge. Did you see him at Mass ?
Sayes. No, my lord. Arnold. Did you see him give that they call Judge. Then sit down. What have you to Extreme Unction ?
say, John James? What, are you dead, or Dorothy. Yes, that I did, to my uncle, my afraid to be wbipt? Look upon me, and speak father's brother.
Judge. Do you know what Extreme Unc- John James. He married me and my wife. tion is?
Judge. Is that all you know? Did you see Dorothy. Yes, that I do, it is anointing sick him at Mass ? people with oil, when they are dying.
John James. I know no more. Judge. It is right; that is another Sacra- Judge. Catharine Thomas, did you see him ment of their church, grounding theniselves at Mass ? Why do not you speak, woman? upon these words of St. James, as I take it, ' If Speak, woman, any be sick among you, let him be anointed.' C. Thomus. Yes. I have no more to say, do But that was in the times of miracles only. what
you please with me. Arnold. Did he take upon him to free souls Arnold. My lord, there is one Cornelius in from purgatory?
Court, I see him, who was clerk. Dorothy. Yes, that he did, and he had of me Judge. Crier, call him, swear him. Well, eight pounds in silver, and one piece of gold, to Cornelius, did you ever see the prisoner at free my father's soul.
Mass? Prisoner. God is my witness, to my best Cornelius. I am an ignorant fellow, I know knowledge, I never had one single piece of any not what Mass is. money from her or her husband, upon any ac- Wm. James. My lord, he was his clerk. count wbatsoever,
Cornelius. No, I was his servant. Judge. Have you any more to say?
Judge. Well, sit down. Mr. Lewis, now Dorothy: No, my lord. [And with that she what have you to say to all these witnesses, for laughed at the bar.]
yourself? Judes. How now, woman! do you make a Prisoner. My lord, my Indictment was, That
being a natural subject of the king of England, ing bought some few books at the stationers, I was ordained beyond the seas, by a juris- dined, took horse,returned home again : This is diction derived from the See of Rome, and re all the being I ever was in Worcestershire. turned back agaio into England, &c. contrary Judge. Look upon him, do you know him? to the statute in that case made and provided, Price. Yes, my lord, he is the man. 27 Eliz. Under your lordship's favour, I con- Judge. Have you any inore to say? ceive that there has not been here any one wit- Prisoner. Yes, my lord. Mr. Trot was Dess, who hath proved the Indictment, or any married to a kinswoman of nine, and she was part thereof.
a considerable fortune to him, which he baving Judge. What then? Do you expect we shall spent very idly, and she dying, he went to Lonsearch the Records at Rome, or should bring don, where finding an einployment at Court, persons to prove, that they saw you ordained and there having done some unhandsome there ? No, Sir; it is enough 'that you have things, he was banished the court, and now exercised the function of a priest, in copes and lives upon the charity of gentlemen and friends vestments used in your church, and that you for his bread; so that with good reason it may have read Mass, taken confessions, given abso-be believed, it is rather poverty and hope of lutions, married, and christened, if all this gain, than any thing else, that brings bim here will not make you a priest, what will ? I have to accuse me. tried several Popish priests, but never met with Judge. Paupertas ad turpia cogit.' Little so full a proof as this now,
gentleman, [he was a dwarf,) what can you say Prisoner. All these things supposed proved, to this? will not make me a priest, unless proved to be Trot. My lord, I was over with the king, performed by me, as one ordained beyond the and he commanded me to attend him at White seas, by the jurisdiction derived from the See hall on his Restoration, where I came when I of Rome; for the very ministry of the Church returned, and I was received into his service, of England take special confessions, and give but was never banished the court, only I came formal absolutions; many, in case of necessity, away upon discontent, and still I may go there christen, though no priests ; and lately, the when I please : My lord, I am desirous to do my country knows it, one, no Popish priest, so- king and country good service, but I am in danlemnly married a couple ; neither can one ger of my life amongst them, and must look to prove to have seen me read Mass, unless it be myself. proved first, that I was ordained' beyond the Judge. Ay, Mr. Trot, have a care of yourself, seas, by a jurisdiction derived from the See of you do well. Mr. Lewis, bave you any more to Rome; for, no such ordination, no priest; say for yourself? and, no priest, no Mass.
Prisoner. My lord, Dorothy James and Judge. To disprove all these witnesses, by William James her husband, their evidence is saying, it cannot be proved you were ordained grounded upon plain malice, and that malice beyond the seas, by a jurisdiction derived from ihus grounded : They pretending I owed them the See of Rome, is as much as that saying, money, they sued me in Chancery; but after a Bellatmine, thou lyest.
considerable charge at law, finding themselves Prisoner. My lord, were it proved that I not like so to prevail, then they fell to threatread Mass, that were not treason in me, for 1 ening me, that they would have me in hand, an informed, that it were but the forfeiture of that they would make me repent, that she 200 marks, by a statute of 23 Eliz.
would never give over to prosecute against me, Judge. It is true, who hears Mass, forfeits till she had washed her hands in my heart's 100 marks. But he that uses to read it,commits blood, and made pottage of my head. treason : but these are the tricks of you all, Judge. Can you prove that? get all will not do : have you any thing else Prisoner. Yes, my lord, that I can. to say?
Judge. Call your witnesses then. Prisoner. With your lordship's leave, now I Prisoner. Crier, call Richard Jones, Anne desire to speak something to the evidence of Williams, Anne James, and Cath. Cornelius. efery particular witness.
Judge. What can you say, Richard Jones? Judge. Speak then.
Richard Jones. I heard William James say, Prisoner. My lord, as to the first witness, he would make Mr. Lewis repent. Price; as I hope to be saved, to the best of Judge. Anne Williams, what can you say? my memory, I never saw him, till this very day, Anne Williams. I heard from several perbefore. I never knew or heard before now of sons, that Dorothy James said to several per. that Mrs. Bartlet, or of that place Castle Mor. sons, in and about Carlion, that she would wash ton; I never was in that place all my life-time; her hands in Mr. Lewis's blood, and that she nay, I aever was in Worcestersbire, or in any would bave his head to make pottage of, as of a house in Worcestershire, but twice, the last sheep's head. time whereof was about five years ago ; and Catharine Cornelius. My lord, and I heard that was but at my inn in Worcester town, the same. where, with a servant, I alighted, bespoke my Judge. Anne James, what can you say? sopper, went to the coffee-bouse, drank two Anne James. I heard Dorothy Jaines swear, dishes of coffee, read the Gazette, returned to that she would wash her hands in Mr. Lewis's my ion again, supped, went to bed, next morn- heart's blood.
Judge. Where did you hear her say so ? Judge. Can you prove
that? Anne Jumes. I heard her say so in her Prisoner, Yes, my lord. own house, at the fire-side, when I lived with Judge. Where are your witnesses ? her.
Prisoner. Crier, call Elizabeth Jones and Judge. Well, Mr. Lewis, all this will not du, Charles Edwards. , all will not excuse you from being a priest ; or Judge. Woman, what can you say to this? were you a hypocrite?
Eliz. Jones. My lord, Price this morning, Prisoner. My lord, I ain a native of this after he had viewed the gentleman in his chamcountry.
ber, as he was going out he said, It he be the Judge. What, of this country?
man, he is much changed, and hath black Prisoner. Yes, my lord, of this country; and curled short hair; which is not so. those years I lived in this country, I lived with Judge. Charles Edwards, what can you say? the reputation of an honest man, amongst all Edwards. I heard Price say the same words honest gentlemen and neighbours.
she relates. Judge. Well, Mr. Lewis, have you any more Judge. Where is Price? Crier, call him. to say ?
But he was not to be found, being gone out of Prisoner. My lord, Mr. Sayes was sworn the hall. (This was the trick of Coleinan, to witness against me, I desire to ask him one asperse the witnesses.) question,
[Here the Jury went out, and immediately Judge. Do so. Prisoner. Mr. Sayes, when you took me,
returned again.] was there a justice of peace with you, at taking
Clerk. Are you agreed of your
verdict? of me?
Jury. Yes. Sayes. No.
Clerk. Who shall speak for you? Prisoner. My lord, with this opportunity I Jury. Foreman. bumbly beg leave to clear myself from a foul Clerk. David Lewis, hold up tby hand. aspersion, wherewith I am calumniated over Do you find the prisoner Guilty, or Not the whole nation, in a printed pamphlet, which | Guilty ? pamphlet I can here produce; and wherein Jury. Guilty. there is not one line of truth. For it says at Judge. Have you any more to say ? the end of it, that I was taken by a justice of Prisoner. No more, my lord. peace and others, in a place cunningly con- Clerk. David Lewis, hold up thy hand. trived under a clay-floor, which Mr. - Sayes Judge. Give me my cap. David Lewis, knows to be untrue; and whereas it alledges, thou shalt be led from this place, to the place That I cheated a poor woman of 30l. to redeem from whence thou camest, &c. [As usual in her father's soul out of purgatory, the pamphlet Cases of High Treason.) So the Lord have names neither the woman, nor her husband, mercy on thy soul. nor her father, nor the place nor time, when
Then I made a bow to the Judge, and the nor where.
Court arose. Judge. Does it not?
Prisoner. No, my lord; so that the whole pamphlet is one entire lie, devised by some Afterwards, August 27, 1679, he was exefoolish malice.
cuted according to the Sentence, at Uske in Judge. Mr. Lewis, I, for my part, do not Monmouthshire, where he spake as follows: believe it to be true. Have you any more to “Here is a numerous assembly, I see ; the
great Saviour of the world save every soul of Prisoner. No more, my lord.
you all; I believe you are here met not only to Judge. Then withdraw and repose. Gen- see a fellow-native die, but also with expectatemen of the Jory, here he stands indicted, &c. tion to hear a dying fellow-native speak. If [And summed up the wbole evidence.) If you you expected it not, at least I intended it, I believe what the witnesses swore, you must find hope the favour will not be denied me, it being the prisoner Guilty of High Treason; you have a favour so freely granted to several late dying heard what was proved against him, iherefore persons in London itself. I shall endeavour to go together.
speak inoffensively; I hope the same favour Prisoner. My lord, before the Jury go, I will not be denied me. desire to speak something, which now occurs Let none of you suffer as a murderer or a unto me, and is material against the evidence thief, but if as a Christian, let him not be of Price.
asbarned :' Saint Peter's words, 1 Peter iv. Judge. Jury, stay.
15, 16. I hope by God's holy spirit now whisPrisoner. This very morning that Price came pered to my nemory, and that to my abundant to my chamber, with the gaoler (it seems it was consulation ; for I suffer not as a murderer, to view me), he took a turn about the room, all thief, or such-like malefactor, but as a Chrisasked by the gaoler, whether I was the man he “I distinguish two sorts of life on earth, lifeineants and he answered, If I was he, I was moral and life-natural; life-moral is that by much changed, and if I was he, I had black which we live with good repute in the esteen short curled hair,
of other men of integrity; life-natural is cbat by
which we breatbe; in the first sort or kind, I in me by Mr. Oates, Mr. Bedlow, Mr. Dugo thank God I have suffered lately, and exceed. dale and Mr. Praunce, when by them I wag ingly, when maliciously, falsely, and most inju- strictly examined on that point, last May, in riously, I was branded for a public cheat, in Newgate, Londou; nay, had I had the least pamphlet, in ballad, on stage, and that in the knowledge or hint of such plot, I had been as bead city of the kingdom, yea, and over the zealously niinble in the discovery of it, as any whole nation, to the buge and great detriment the most loyal subject his majesty hath in his of my good name, which I always was as ten- three kingdoms; wherefore, when I am dead der of, as the other I am now quitting. and gone, if some malevolent give out, I lose
The pamphletical story, believe my dying my life for plotting, by charity strive to disenwords, had no truth in it
, neither to substance, gage him of his mistake; do that right to my nor circumstance of the thing; a story so false, dead ashes. that I could have easily defied the face that had I was never caught that doctrine of king-killatlempted to justify it to my face; so sordid a ing; from my soul' I detest and abhor it usexebasiness, a story so ridiculous, that I wonder crable and directly opposite to the principles of how any sober Christian, at least who knew the religion I proiess; what that is, you shall me, could as much as incline to believe so open know by and by; it being the positive definition an improbability; who that Protestarit young of the council of Constance, That it is damnable man there mentioned was, I know not; who for any subject, or private person, or any subthat Popish young woman; who the father jects in cuuncil joined, to murder his or their dead a year and a half before; in what county, lawful king or prince, or use any public or clanwhat parish, were all transacted, I know nut, destine conspiration against him, though the none of all these there particularized; and said king or prince were a Turk, apostate, pero wben in the face of the country at last Lent- seculor, yea or a tyrant in government; Never assizes, I vindicated my innocency herein, to tell me of Clement the murderer of Henry the satisfaction of the then Judge himself, why the 3d of France ; never tell me of Ravilliac, appeared not there then some one to make murderer of Henry the 4th of France, they did good the charge, and disable my defence ? But so, but wickedly they did so, and for it they Bone of this offered; a plain demonstration to were punished to severity, as malefactors; and all candid minds, the whole was a mere fiction for it, to this very day, are stigmatized by all of some malicious person against me: God Roman catholics, for very miscreants, and vilforgive them or him, I heartily do. How for- lains. I hope you will not charge the whole ward my endeavours always have been to my Roman catholic body with the villainies of power to relieve the poor, and not directly to some few desperadoes : By that rule, all chris. defraud them, impartial neighbours that know tianity must be answerable for the treason of me can tell you ;' besides this, during any vine Judas ; for my part, I always loved my king, ! months imprisonment, several foul and false always honoured his person, and I daily prayed aspersions were cast out against me, and that for his prosperity; and now, with all unfeigned by those onto whom, for full thirty years, I had cordiality, I say it, God bless my gracious king been charitably serviceable : God forgive them, and lawful prioce, Charles 2, King of England, I beartily do. Yet notwithstanding all these and Prince of Wales, God' bless him tempocalumniations, I hope I still retain the charac- rally and eternally, God preserve him from all ter of an honest man amongst gentlemen of his real enemies, God direct him in all his counworth, with whom I conversed, and with all cils, that may tend to the greater glory of the neighbours of honesty, with and amongst whom same great God; and whatever late plot hath I lived.
been, or is, the Father of lights bring it to light, And now I am parting with the other life the contrivers of it, and the actors in it, that such by which I breathe, behold that within these may be brought to their condign punishment, few moments of time is to unbreathe me; but and innocence preserved. why thus sledged to this country Tyburn? Why But why again this untimely death! My rethis so untimely death of mine? Have patience, ligion is the Roman catholic religion, in it I and I'll tell you ; not for any plotting, I assure have lived above this forty years, in it I now you; and what I sball now say, as to that, God die; and so fixedly die, that if all the good is my witness, I shall speak without any equi- things in this world were offered me to renounce vocation, mental reservation, or palliation of it, all should not move me one hair's breadila truth whatsoever.
from my Roman catholic faith; a Roman caBy all that is sacred in heaven and earth, tholic I am, a Roman catbolic priest I am, a I bere solemnly protest, that I ain as innocent Roman catholic priest of that religious order from any plot whatever against his majesty's called the Society of Jesus I am; and I bless person or government, as the infant that left God who first called me; and I bless the bour the mother's somb but yesterday; neither did in which I was first called buth unto faith and I ever hear or know any thing directly or indi- function. rectly of any such plot, till public fame bad Please now to observe, I was condemned for spread it over the country between Michaelinas reading mass, hearing confessions, adıninistring and All-Saints day last : This is true, as God the sacraments, anointing the sick, christening, shall judge and save my soul; neither was marrying, preaching: As for reading the mass, there any guilt of any such black crime found it was the old, and still is, the accustomed and VOL, VII.