you will.

The Jury having considered of the Evidence
some time, gave in their Verdict.
Cl. of Arr. Gentlemen of the jury, are you
agreed of your verdict?
Jury. Yes.

Cl. of Arr. Who shall say for you?
Jury. The foreman,

known tongue; and further says, that he gave | think you need not stir from the bar, but do as the Sacrament to seven or eight according to the manner of the Church of Rome in a wafer, at Mrs. Stamford's house in Wolverhampton. Jarvis, the other witness, swears that he hath been at confession with him, and hath oftentimes received the Sacrament of him. Here are two other honest men, that speak very full as to circumstances; so that in the whole you cannot have a more clear evidence: and, gen. tlemen, I must tell you, it is to these sorts of men we owe all the troubles and hazards we are in, the fear of the king's life, the subversion of our government, and the loss of our religion. It is notorious by what they have done, that they are departed from the meekness and simplicity of Christ's doctrine, and would bring in a religion of blood and tyranny amongst us. As if God Almighty were some omnipotent mischief, that delighted and would be served with the sacrifices of human blood. I need not say more to you, the matter's plain; I

Cl. of Arr. Gaoler, set up William Atkins. [Which was done.] Gentlemen of the jury look on the prisoner. What say you, Is he Guilty of the High-treason whereof he stands indicted, or Not Guilty? Jury. Guilty.

Cl. of Arr. What lands, goods or tenements had he?

Jury. None to our knowledge.

Cl. of Arr. Look to him, Gaoler, he is found Guilty of high-treason.

He received the sentence usual in cases of high-treason.

257. The Trial of FRANCIS JOHNSON, a Franciscan, at Worcester, for High Treason: 31 CHARLES II. A. D. 1679. [Written by Himself.*]

I BEING at London on All Saints-day, when the proclamation came forth to command all Catholics to depart from thence by the Friday following, I obeyed, and came to a friend's house in Worcestershire, not intending to stay there; but the king's second proclamation being presently published, That no Catholics should walk above five miles without being stopt, and carried before a justice to have the oaths tendered, I asked counsel of the wisest I could, both of Protestants (whereof one was a lawyer) and another a constable, as also of Catholics, Whether that proclamation did so strongly oblige, that it permitted me no longer to go further? They all concluded it was not secure to go, so I resolved to obey, and stay where I was, and with good reason.

First, Because all Catholics are obliged to obey the king's commands in all things that are not against our religion and conscience, and his commands in this nature are against neither. Secondly, Should I have disobeyed, and have been taken, in penalty I should have suffered, which would not have been so directly for my conscience and religion sake, as for disobeying the king's command; because in case I should be taken by staying there in obedience to the proclamation, and be carried before the justices to have the oaths offered, whatever I was to suffer for refusing them, I should have this

* From a Pamphlet entitled; "A NARRATIVE of the proceedings and trial of Mr. FRANCIS JOHNSON a Franciscan, at Worcester, last Summer-Assizes, a. D. 1679; Written with his own band as followeth: To which is annexed his Speech at his Execution, August 22, 1679."

double comfort before God, and the king; before the king, because I rather chose to stay there, than remove against his command; be-fore God, because I rather chose to go to prison, than to remove from his law, by taking the oaths against my conscience-Therefore I was taken and put in prison.

The Manner of my being taken was as followeth:

The Sheriff's deputy came to the house where I was with six or eight taen, to arrest a gentleman in the house for debt: The officers coming into the house in the morning, and not finding the person they came for, broke down all the doors, and among the rest mine, before I was out of bed, and by a mistake arrested me, instead of the other gentleman; and although the deputy, coming into my chamber, looking on me, told them they were deceived, for I was not the man they came for; yet other soldiers coming into my chamber, one of them said he knew me: It seems he had been a servant in the house seven years before, therefore he said he would have me to the justices, and bid his companions secure me, and so they did, and would not let me go out of their sight,until they carried me before the justice; And this they did, without either constable, or warrant, law or justice.

When I came before the justice of peace, I told him the occasion that had brought me to him; and if I would have taken the oaths, I had been presently freed: But I told them that persuaded me to take the oaths, That it was against the faith and religion I professed, and against my conscience, and I would never of

after being asked the same question, if they did not answer No, it might be an argument that they were guilty, if they did not deny it, as others before them had done.-Therefore I desired that what proof could be brought against Ine, might be produced against me, and I would answer for myself: But I desired I might not be urged to answer Ay or No, to any thing, before some witness or argument came against me; for, I told them in such cases, neither law of God nor man obliged any one (although he was guilty) to bear witness against himself without some proof were alledged against him, for, that was no less than to be his own executioner.

The judge answered there were witnesses would swear against me.

I answered, if witnesses could make out what they swear of me, then my life was at the king's mercy: But in the mean time I told them I remained guiltless, though I did not answer them to their questions Ay or No, because I told them that being my saying No in my own behalf would not be sufficient testimony to acquit me, therefore there was no reason why any man should be urged to say Ay to accuse one-self though he was guilty.

command they suffer) to release them. And in the mean time they will have this comfort, That they give a testimony they fear God, and honour the king; they fear Ged, because they choose rather to suffer persecution, than swear against their consciences; they honour the king, because they are willing to suffer the penalties he commands, and yet remain faithful subjects to him, whom God long preserve, with his parliament and people, in all happiness.

judge Atkins at Worcester, to have my cause On Tuesday, April 15, 1679. I came before tried at the Sessions, having been committed 5 months before to Worcester-Castle by two justices of the peace, sir John Packington, and Mr. Townson, because I refused the oaths of supremacy and allegiance, and therefore was suspected to be a Jesuitical Priest.

The manner of my Trial was as followeth:

Four Witnesses were brought in against me; three of them were forced by warrant to come in, whether they would or no, from several towns, and were forced to speak all that they knew, had heard, or seen, concerning me; neither I, nor any of my friends knowing, that any would be compelled so to do, before the time of my trial was come. The fourth wit

who, the same day that I was first brought to
Worcester prison, offered himself to swear be-
fore the mayor of the town, that I was a priest,
before ever he cante to see who I was.

fore the judge, was this:
The Testimony which he gave against me be-

He swore he had been at confession with me, and that he had received the Sacrament at my hands about 2 years before at his father's house, whilst he was a catholic; and after he became a protestant, he said I told him afterward he should turn back from whence he had fallen, else he would be damned.

Upon this the judge sent me to prison again at Worcester, where now I am, which imprison-ness came of his own accord for lucre sake, ment, in these times especially, when none can send to their friends, nor friends come to them, is the best means to teach us how to put our confidence in God alone in all things; and then he will make his promise good, That all things shall be added to us, Luke 12, which chapter, if every one would read, and make good use of, a prison would be better than a palace; and a confinement for religion, and a good conscience-sake, more pleasant than all the liberties the world could afford. As for ny own part, God give me his grace, and all faithful Christians their prayers, I am happy enough; and as for others, I beseech God that the evil example of those that swear against their consciences, may not be guides for the rest to follow, nor their deeds a rule to their actions. We all ought to follow the narrow way, though there be many difficulties in it: It is an easy thing to run the blind way of liberty, but God deliver us all from broad, sweet ways. We know what Job saith of libertines, They lead their lives in the goods of this world, and in a moment they descend into hell. But, as our Saviour saith, What doth it profit a man to gain the world, and lose his soul?

The other three witnesses that were forced to come in against me, when they came before the grand jury, and were urged to take their oaths, to tell that which they never had known nor seen concerning my being a priest, they all unanimously declared, That they had nothing to say against me, and that they were by violence forced to appear there, and therefore they said they would never swear nor say any thing against me, for they knew nothing to accuse me of: which when the jury heard, they called for the gaoler to take the party that first denied God gave Job a goodly increase for all the to swear to prison, thinking by this violent way riches he took from him, and blest his latter end of proceeding so to affright them, that they more than his beginning, and gave him 140 should say something, out of which advantage years of flourishing life for his short affliction, should be taken against me; which the better in which, his constancy and faith in God was to effect, they made them first lay their hands tried; and our Saviour promiseth an hundred on the Bible, and then kiss it, which they did. fold to all that leave goods, and every thing wil- Then the jury told them, that now they were to lingly for his sake. Who well considers this, tell all the truth according as they were asked. will be content to leave both friends and for--First they asked whether any of them had tunes, and freedom by imprisonment, for their faith and religion-sake, till such time as it shall please God and the king (in obedience to whose

ever heard me read? One answered, yes, the Bible, and sometimes any other book. Then they asked, Whether they had ever scen me

pray? It was answered, yes. Then they asked what cloaths I had on when I prayed? And whether I used to change my cloaths when I came to pray? In these and other like questions they sifted them, to get out any thing that might do me hurt.

mon's were to them; and as great a gift from God to me, as theirs to them; and therefore God has laid as great an obligation on me to defend myself and my life, as he had on them for theirs, and also had given to every one a strict command not to impair or prejudice me in the least, no more than the greatest potentate. Therefore being I was now brought be

concerns me, lay at stake, and my life, and my credit, I did humbly beseech his lordship to proceed accordingly with me, as I presumed according to his prudence and worth he would. He assented to what I petitioned, and did bid

But how charitable or Christian-like these proceedings of the jury, were, let the world judge now, as God will hereafter; for, if this before him in a case, where the world as much as a charitable way of proceeding among Christians, that our neighbours should by such strange violence, as by warrant and oath be brought against their wills from any part of England, to swear whatever they have seen, heard, or known of their neighbours, what hor-me speak for myself. rid confusions and odiums must this make among all sorts of people both friends and foes? -But I do not blame those three witnesses, after they had been inconsiderately induced to lay their hands upon the Bible, and kiss it; II staid all night.—But as for this witness, I was Suppose they judged themselves bound to say what they did.

In answer therefore to the first voluntary witness against me, I told his lordship it was true, I had been at such a night at his father's house, and accordingly, as I was desired by him,

a stranger to him, and he to me, as he confest himself. Then the judge. asked him, whether After this, when the jury had got out of them he knew me before or no? For he declared what they could, the four witnesses and I were publicly, that he never knew me, nor saw me called before the judge. The first witness that before or since, till he saw me at Worcester, came to swear against me, as the custom is, re- and yet he said the next morning he made his peated his testimony over again before the confession to me, and I gave him the communion judge, and so did the other three that were at mass as he supposed in my chamber; but forced; which when I heard how absurd and he said that none of all the family was present insignificant some of their testimonies were, I at that time, only he and I alone; whereupon inconsiderately smiled, at which the judge being I desired the judge to consider what possible offended, I hambly begged his pardon, and told likelihood could be of the truth in this his af him I was sorry for it.-But forasmuch as firmation, that I should come to a house where laughing or smiling were passions of nature, I was acquainted with them all, father, mother, over which no man had a free course or power, and children, with all but this witness who as I hoped and beseeched him not to impute it to he declared knew me not, nor ever had seen me me; he told me he would not be displeased at before, what likehood is there I should say me for it. Then he asking me, whether I was mass before him alone, hear his confession, and guilty, or not guilty of my accusations? and I give him the sacrament, and so go away withanswering, Not Guilty, he bad me shew it, by out any one of the family (with whom I was answering for myself; I told him I was ready so well acquainted) bearing, seeing, or knowto do it; but told him first, I had an humble ing the least of this that past between him and petition to his lordship, which was, that I de- ine. I therefore desired my lord to ask him, sired a full and free liberty without hindrance whether I spake of confession or communion? to answer to every objection, and plead for my or what I said to him when I gave it him? or self; I also desired he would reflect in my be- whether I told him I would give him the sacrahalf, that as he was to be iny judge, so he was meut? which when the judge had asked him, to be my advocate. And forasmuch as all he answered, that indeed I never had spoken earthly judges were to imitate the heavenly to him either about confession or communion judge, who as advocate ten thousand times miti- to come to either; neither did he know what I gates the severity of a judge, whilst his hand of said to him, when I gave him bread like a mercy is infinitely stretched forth beyond the wafer; but he of his own accord did desire hand of judgment. And therefore I begged of me to hear his confession, and give him the his lordship, that I might find the favour of an wafer which he took.-Whereupon the judge advocate from him, rather than the rigour of a asked how it came to pass that he, never havjudge, especially in those things which accord-ing known nor seen me before, nor I spoke with ing to law may be advantageous or disad-him about confession or communion, how could vantageous to me, which I understanding not he now tell who I was, or how could he desire how to make the best use of them, desired his such a thing of me who was a mere stranger lordship would vouchsafe to do it for me; which to him, neither of us knowing any thing of one that the better he might be moved to do, I de- another's condition; sure, said the judge, we do sired he would be pleased to consider that this not give the commuinon on sach terms.-To my life and concerns were (in comparison of which he answered, that his father had told him others greater) not so much considerable, I that if he would be might confess to me, and being but a private person, yet my little was to that I would give him the communion.-So alme much, because iny little was my all; and though he had sworn before, that none in the my life to me were as much as Cæsar's or Solo-house was witness or saw him confess or re