Then the Jury consulted together at the bar, and agreed. Cl. of the Cr. Gentlemen, are you all agreed Cl. of the Cr. Did he fly for it? S. Atkins. God bless the king, and this honourable bench. [On his knees.] Cl. of the Cr. Samuel Atkins, hold up thy hand. [Which he did.] Look upon the prisoner. How say you, is he Guilty of the felony, as accessary to the murder, as he stands indicted, or Not Guilty? Foreman. Not Guilty. Cl. of the Cr. Did he fly for it? S. Atkins. God bless the king and this honourable bench. [On his knees.] Cl. of the Cr. Then hearken to your verdict, as the Court hath recorded it. You say, that Samuel Atkins is not guilty of the felony and murder whereof he stands indicted; nor that he did fly for it. And you say that he is not guilty, as accessary to the felony and murder whereof he stands indicted, nor that he did fly for the same; and so you say all? Omnes. Yes. L. C. J. Mr. Atkins, I should have been very glad that the rest, who have been condemned, had been as innocent as you are; and I do assure you, I wish all mankind had been innocent. For, if any Protestant had been guilty of such a thing as this, it would have grieved me to the very, heart, that any Protestant should do such things, as those priests provoke their proselytes to at this day. Capt. Vittles. My lord, here is his schoolmaster will give your lordship an account how he was bred and brought up, and what a good conditioned young man he was. L. C. J. Well, well, captain, go you and drink a bottle with him. Then Mr. Atkins went from the bar. a Jesuit, (pretended Bishop Assizes, for High Treason: [Written by Himself.] and of those, still Mr. Arnold excepted, as either being of my neighbourhood, or acquaintance, for there being many in the country; the sheriff seeing so many of his calling excepted, be desired Mr. Arnold himself should call whom he pleased; whereat the judge checked the sheriff, and he said he was saucy at last, with much difficulty, a jury was impannelled, a jury now contrived, of none but such as pleased Mr. Arnold, principal prosecutor against me, which was very hard, and an ignorant jury it was withal: the jury being impannelled, it was sworn, the indictment read, and witnesses called, thus: 249. The Trial of DAVID LEWIS, of Llandaff), at Monmouth 31 CHARLES II. A. D. 1679. THE 28th of March, 1679, the assizes began were excepted by Mr. Arnold; whereupon, to at Monmouth, 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 of whom Mr. Arnold and Mr. Price excepted, and so put by, as such they conceived might befriend me; a challenge not known before; for in the case between the marquis of Worcester, and the tenants of Wentwood, upon a riot, Henry Williams, esq. and others would have excepted against some of that grand-jury, the same judge Atkins then positively said, It was ridiculous and not usual to challenge out of a grand-jury. At last a jury was sworn, and an indictinent drawn up against me, upon the statute of the 27th Eliz. and preferred to the grand jury. That evening, being Friday, I was arraigned upon that bill, to which I pleaded Not guilty. The next day, about ten of the clock in the morning, the judge came from the Nisi prius side, and sat at the crown side, and I at the same time being brought to the bar, the crier made proclamation for silence, that a jury for life and death might be impannelled, and I made my challenges; presently a jury from the other bar was called, which was not usual, and I to challenge, the judge telling me, I might challenge without hindrance; by guess I challenged three; but out of that Nisi prius jury called to the crown bar, and that by Mr. Arnold's own suggestion, who had a strong influence upon the judge as being his kinsman, and sitting at his right hand, divers Clerk of the Assizes. David Lewis, hold up thy hand. Here thou standest indicted of high-treason, by the name of David Lewis, for that thou, being a natural subject of the king of England, hast passed beyond seas, and hast taken orders from the Church and See of Rome, and hast returned back again into England, and continued upwards of forty days, contrary to the statute 27 Eliz. in that case made and provided, which by the said statute is hightreason. What hast thou to say for thyself? Art thou Guilty, or Not Guilty?' Prisoner. Not Guilty. Clerk. By whom wilt thou be tryed? 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, look on the prisoner, do you know him? Price. Yes, my lord, I do know him. Judge. What have you to say of him? Price. My lord, about a year and a half ago I saw him at Mrs. Bartlet's house, at a place called Castle-Morton in Worcestershire, and there I heard him read Mass, I was at confession with him, and I received the Sacrament from him, according to that way. Judge. Was there any altar, or any crucifixes or copes? Price. Yes, my lord, that there were. Judge. Well, Mr. Lewis, what have you to say to this? Prisoner. With your lordship's leave, I will answer all together. Judge. Very good, you do well, it will be so much the shorter. Dorothy James, look on the prisoner, do you know him? Dorothy. Yes, my lord. Judge. What have you to say of him? Dorothy. My lord, I saw him say Mass, take confessions, give the Sacrament, marry, christen, and heard him preach in the English and Welch. Judge. Were there altars and crucifixes? Dorothy. Yes, my lord, altars, crucifixes, chalices, and such other things belonging to that way. Arnold. Did you see him give that they call Extreme Unction ? Dorothy. Yes, that I did, to my uncle, my father's brother. Judge. Do you know what Extreme Unction is ? Dorothy. Yes, that I do, it is anointing sick people with oil, when they are dying. Judge. It is right; that is another Sacrament of their church, grounding themselves upon these words of St. James, as I take it, If any be sick among you, let him be anointed.' But that was in the times of miracles only. Arnold. Did he take upon him to free souls from purgatory? Dorothy. Yes, that he did, and he had of me eight pounds in silver, and one piece of gold, to free my father's soul. Prisoner. God is my witness, to my best knowledge, I never had one single piece of any money from her or her husband, upon any account whatsoever, Judge. Have you any more to say? Dorothy. No, my lord. [And with that she laughed at the bar.] Judge. How now, woman! do you make a Wm. James. Yes, my lord, I do know him, and I have seen him read Mass many times, and take confessions, and give the Sacrament, and christen, and marry. Judge. Have you any more to say? Judge. Mr. Trott, what have you to say of the prisoner? Did you ever hear him read Mass? Was he reputed commonly a Jesuit, or Popish priest? Trott. Yes, my lord, he was commonly reputed so, and I heard him often read Mass; and I saw him marry Mr. Ganter's daughter to Mr. Body. Judge. Were you then of that religion? Trott. No, my lord, I was deluded by my wife out of the Protestant religion, and was a Papist during her life-time. Judge. Are you of that religion stil!? Trott. No, my lord. When I saw their wicked designs to kill my gracious king, I abhorred their traitorous proceedings, and left them, and am now a Protestant, in which I shall continue. Judge. You do well. Arnold. My lord, there is Mr. Roger Sayes, a very material witness. Judge. Crier, swear him. Mr. Sayes, what have you to say against the prisoner? Sayes. My lord, I was employed with others, on the 16th of November last, to go and search for him, and we found him, and took him, with several Popish things, which we carried away, &c. Judge. Did you see him at Mass? Judge. Then sit down. What have you to say, John James? What, are you dead, or afraid to be whipt? Look upon me, and speak out. John James. He married me and my wife. Judge. Is that all you know? Did you see him at Mass? John James. I know no more. Judge. Catharine Thomas, did you see him at Mass? Why do not you speak, woman? Speak, woman. C. Thomas. Yes. I have no more to say, do what you please with me. Arnold. My lord, there is one Cornelius in Court, I see him, who was clerk. Judge. Crier, call him, swear him. Well, Cornelius, did you ever see the prisoner at Mass? Cornelius. I am an ignorant fellow, I know not what Mass is. Wm. James. My lord, he was his clerk. Cornelius. No, I was his servant. Judge. Well, sit down. Mr. Lewis, now what have you to say to all these witnesses, for yourself? Prisoner. My lord, my Indictment was, That being a natural subject of the king of England, I was ordained beyond the seas, by a jurisdiction derived from the See of Rome, and returned back again into England, &c. contrary to the statute in that case made and provided, 27 Eliz. Under your lordship's favour, I conceive that there has not been here any one witDess, who hath proved the Indictment, or any part thereof. Judge. What then? Do you expect we shall search the Records at Rome, or should bring persons to prove, that they saw you ordained there? No, Sir; it is enough that you have exercised the function of a priest, in copes and vestments used in your church, and that you bave read Mass, taken confessions, given absolutions, married, and christened; if all this will not make you a priest, what will? I have tried several Popish priests, but never met with so full a proof as this now. Prisoner. All these things supposed proved, will not make me a priest, unless proved to be performed by me, as one ordained beyond the seas, by the jurisdiction derived from the See of Rome; for the very ministry of the Church of England take special confessions, and give formal absolutions; many, in case of necessity, christen, though no priests; and lately, the country knows it, one, no Popish priest, solemnly married a couple; neither can one prove to have seen me read Mass, unless it be proved first, that I was ordained beyond the seas, by a jurisdiction derived from the See of Rome; for, no such ordination, no priest; and, no priest, no Mass. Judge. To disprove all these witnesses, by saying, it cannot be proved you were ordained beyond the seas, by a jurisdiction derived from the See of Rome, is as much as that saying, Bellarmine, thou lyest. Prisoner. My lord, were it proved that I read Mass, that were not treason in me, for 1 am informed, that it were but the forfeiture of 200 marks, by a statute of 23 Eliz. Judge. It is true, who bears Mass, forfeits 100 marks. But he that uses to read it,commits treason but these are the tricks of you all, yet all will not do have you any thing else to say? : : Prisoner. With your lordship's leave, now I desire to speak something to the evidence of every particular witness. Judge. Speak then. ing bought some few books at the stationers, dined, took horse, returned home again: This is all the being I ever was in Worcestershire. Judge. Look upon him, do you know him? Price. Yes, my lord, he is the man. Judge. Have you any more to say? Prisoner. Yes, my lord. Mr. Trot was married to a kinswoman of nine, and she was a considerable fortune to him, which he having spent very idly, and she dying, he went to London, where finding an employment at Court, and there having done some unhandsome things, he was banished the court, and now lives upon the charity of gentlemen and friends for his bread; so that with good reason it may be believed, it is rather poverty and hope of gain, than any thing else, that brings him here to accuse me. Judge. Paupertas ad turpia cogit.' Little gentleman, [he was a dwarf,] what can you say to this? Trot. My lord, I was over with the king, and he commanded me to attend him at Whitehall on his Restoration, where I came when I returned, and I was received into his service, but was never banished the court, only I came away upon discontent, and still I may go there when I please: My lord, I am desirous to do my king and country good service, but I am in danger of my life amongst them, and must look to myself. Judge. Ay, Mr. Trot, have a care of yourself, you do well. Mr. Lewis, have you any more to say for yourself? Prisoner. My lord, Dorothy James and William James her husband, their evidence is grounded upon plain malice, and that malice thus grounded: They pretending I owed them money, they sued me in Chancery; but after a considerable charge at law, finding themselves not like so to prevail, then they fell to threatening me, that they would have me in hand, that they would make me repent, that she would never give over to prosecute against me, till she had washed her hands in my heart's blood, and made pottage of my head. Judge. Can you prove that? Prisoner. Yes, my lord, that I can. Judge. Call your witnesses then. Prisoner. Crier, call Richard Jones, Anne Williams, Anne James, and Cath. Cornelius. Judge. What can you say, Richard Jones? Richard Jones. I heard William James say, he would make Mr. Lewis repent. Prisoner. My lord, as to the first witness, 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 never was in Worcestershire, or in any would have 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 that was but at my inn in Worcester town, where, with a servant, I alighted, bespoke my supper, went to the coffee-house, drank two dishes of coffee, read the Gazette, returned to my inn again, supped, went to bed, next morn-heart's blood. Catharine Cornelius. My lord, and I heard the same. Judge. Anne James, what can you say? Anne James. I heard Dorothy Janes swear, that she would wash her hands in Mr. Lewis's Judge. Where did you hear her say so? Anne James. I heard her say so in her own house, at the fire-side, when I lived with her. Judge. Well, Mr. Lewis, all this will not do, all will not excuse you from being a priest; or were you a hypocrite? Prisoner. My lord, I am a native of this country. Judge. What, of this country? Prisoner. Yes, my lord, of this country; and those years I lived in this country, I lived with the reputation of an honest man, amongst all honest gentlemen and neighbour's. Judge. Well, Mr. Lewis, have you any more to say? Prisoner. My lord, Mr. Sayes was sworn witness against me, I desire to ask him one question. Judge. Do so. Prisoner. Mr. Sayes, when you took me, was there a justice of peace with you, at taking of me? Sayes. No. Prisoner. My lord, with this opportunity I humbly beg leave to clear myself from a foul aspersion, wherewith I am calumniated over the whole nation, in a printed pamphlet, which pamphlet I can here produce; and wherein there is not one line of truth. For it says at the end of it, that I was taken by a justice of peace and others, in a place cunningly contrived under a clay-floor, which Mr. Sayes knows to be untrue; and whereas it alledges, That I cheated a poor woman of 30l. to redeem her father's soul out of purgatory, the pamphlet names neither the woman, nor her husband, nor her father, nor the place nor time, when nor where. Judge. Does it not? Prisoner. No, my lord; so that the whole pamphlet is one entire lie, devised by some foolish malice. Judge. Mr. Lewis, I, for my part, do not believe it to be true. Have you any more to say? Prisoner. No more, my lord. Judge. Then withdraw and repose. Gentlemen of the Jury, here he stands indicted, &c. [And summed up the whole evidence.] If you believe what the witnesses swore, you must find the prisoner Guilty of High Treason; you have heard what was proved against him, therefore go together. Prisoner. My lord, before the Jury go, I desire to speak something, which now occurs unto me, and is material against the evidence of Price. | Judge. Can you prove that? Prisoner. Yes, my lord. Judge. Where are your witnesses? Prisoner. Crier, call Elizabeth Jones and Charles Edwards., Judge. Woman, what can you say to this? Eliz. Jones. My lord, Price this morning, after he had viewed the gentleman in his chamber, as he was going out he said, If he be the man, he is much changed, and hath black curled short hair; which is not so. Judge. Charles Edwards, what can you say? Edwards. I heard Price say the same words she relates. Judge. Where is Price? Crier, call him. But he was not to be found, being gone out of the hall. (This was the trick of Coleman, to asperse the witnesses.) [Here the Jury went out, and immediately returned again.] Clerk. Are you agreed of your verdict? Clerk. Who shall speak for you? Clerk. David Lewis, hold up thy hand. Do you find the prisoner Guilty, or Not Guilty? Jury. Guilty. Judge. Have you any more to say? Clerk. David Lewis, hold up thy hand. Judge. Give me my cap. David Lewis, thou shalt be led from this place, to the place from whence thou camest, &c. [As usual in Cases of High Treason.] So the Lord have mercy on thy soul. Then I made a bow to the Judge, and the Court arose. Afterwards, August 27, 1679, he was executed according to the Sentence, at Uske in Monmouthshire, where he spake as follows: "Here is a numerous assembly, I see; the great Saviour of the world save every soul of you all; I believe you are here met not only to see a fellow-native die, but also with expectation to hear a dying fellow-native speak. If you expected it not, at least I intended it, I hope the favour will not be denied me, it being a favour so freely granted to several late dying persons in London itself. I shall endeavour to speak inoffensively; I hope the same favour will not be denied me. "Let none of you suffer as a murderer or a thief, but if as a Christian, let him not be 'ashamed: Saint Peter's words, 1 Peter iv. 15, 16. I hope by God's holy spirit now whispered to my memory, and that to my abundant consolation; for I suffer not as a murderer, thief, or such-like malefactor, but as a Christian, and therefore am not ashamed. "I distinguish two sorts of life on earth, lifemoral and life-natural; life-moral is that by which we live with good repute in the esteem of other men of integrity; life-natural is that by which we breathe; in the first sort or kind, I thank God I have suffered lately, and exceedingly, when maliciously, falsely, and most injuriously, I was branded for a public cheat, in pamphlet, in ballad, on stage, and that in the head city of the kingdom, yea, and over the whole nation, to the huge and great detriment of my good name, which I always was as tender of, as the other I am now quitting. in me by Mr. Oates, Mr. Bedlow, Mr. Dugdale and Mr. Praunce, when by them I was strictly examined on that point, last May, in Newgate, London; nay, bad I had the least knowledge or hint of such plot, I had been as zealously nimble in the discovery of it, as any the most loyal subject his majesty hath in his three kingdoms; wherefore, when I am dead and gone, if some malevolent give out, I lose my life for plotting, by charity strive to disengage him of his mistake; do that right to my dead ashes. I was never taught that doctrine of king-killing; from my soul I detest and abhor it as exe crable and directly opposite to the principles of the religion I profess; what that is, you shall know by and by; it being the positive definition of the council of Constance, That it is damnable for any subject, or private person, or any subjects in council joined, to murder his or their lawful king or prince, or use any public or clandestine conspiration against him, though the said king or prince were a Turk, apostate, per The pamphletical story, believe my dying words, had no truth in it, neither to substance, nor circumstance of the thing; a story so false, that I could have easily defied the face that had attempted to justify it to my face; so sordid a business, a story so ridiculous, that I wonder how any sober Christian, at least who knew me, could as much as incline to believe so open an improbability; who that Protestant young man there mentioned was, I know not; who that Popish young woman; who the father dead a year and a half before; in what county, what parish, were all transacted, I know not, none of all these there particularized; and when in the face of the country at last Lent-secutor, yea or a tyrant in government; Never assizes, I vindicated my innocency herein, to the satisfaction of the then Judge himself, why appeared not there then some one to make good the charge, and disable my defence? But none of this offered; a plain demonstration to all candid minds, the whole was a mere fiction of some malicious person against me: God forgive them or him, I heartily do. How forward my endeavours always have been to my power to relieve the poor, and not directly to defraud them, impartial neighbours that know me can tell you; besides this, during my nine months imprisonment, several foul and false aspersions were cast out against me, and that by those unto whom, for full thirty years, I had been charitably serviceable: God forgive them, I heartily do. Yet notwithstanding all these calumniations, I hope I still retain the character of an honest man amongst gentlemen of worth, with whom I conversed, and with all neighbours of honesty, with and amongst whom I lived. And now I am parting with the other life by which I breathe, behold that within these few moments of time is to unbreathe me; but why thus sledged to this country Tyburn? Why this so untimely death of mine? Have patience, and I'll tell you; not for any plotting, I assure you; and what I shall now say, as to that, God is my witness, I shall speak without any equivocation, mental reservation, or palliation of truth whatsoever. By all that is sacred in heaven and earth, I here solemnly protest, that I am as innocent from any plot whatever against his majesty's person or government, as the infant that left the mother's womb but yesterday; neither did I ever hear or know any thing directly or indirectly of any such plot, till public fame bad spread it over the country between Michaelmas and All-Saints day last: This is true, as God shall judge and save my soul; neither was there any guilt of any such black crime found VOL. VII. tell me of Clement the murderer of Henry the 3d of France; never tell me of Ravilliac, murderer of Henry the 4th of France, they did so, but wickedly they did so, and for it they were punished to severity, as malefactors; and for it, to this very day, are stigmatized by all Roman catholics, for very miscreants, and vil lains. I hope you will not charge the whole Roman catholic body with the villainies of some few desperadoes: By that rule, all christianity must be answerable for the treason of Judas; for my part, I always loved my king, I always honoured his person, and I daily prayed for his prosperity; and now, with all unfeigned cordiality, I say it, God bless my gracious king and lawful prince, Charles 2, King of England, and Prince of Wales, God bless him temporally and eternally, God preserve him from all his real enemies, God direct him in all his councils, that may tend to the greater glory of the same great God; and whatever late plot hath been, or is, the Father of lights bring it to light, the contrivers of it, and the actors in it, that such may be brought to their condign punishment, and innocence preserved. But why again this untimely death? My religion is the Roman catholic religion, in it I have lived above this forty years, in it I now die; and so fixedly die, that if all the good things in this world were offered me to renounce it, all should not move me one hair's breadth from my Roman catholic faith; a Roman catholic I am, a Roman catholic priest I am, a Roman catholic priest of that religious order called the Society of Jesus I am; and I bless God who first called me; and I bless the hour in which I was first called both unto faith and function. Please now to observe, I was condemned for reading mass, hearing confessions, administring the sacraments, anointing the sick, christening, marrying, preaching: As for reading the mass, it was the old, and still is, the accustomed and |