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L. C. J. No: For if the other part of the , first, your secret ways of sending your cunning evidence did not amount to a proof of a design notes, . We all clubbed together, and you paid of disparaging their testimony, you had a very 2s. at the Sugar-loaf, tear this;' which shews, strong objection of it: but if they lay five and does to my apprehension signify, as if he things, and they prove but one of them upon would never own that he spent any thing upon you; if that one serves to the disparaging of thein, and that he was bountiful to them. And Dates and Bedlow, which is the substance of then the giving of money to the inan to convey the indictment, that maintains the indictment. notes, that they might not betray one another;

Mr. Holt. It does so, my lord; but not the do not all these subsequent actions, especially aggravations.

those Dangerfield tells you of, and receiving the L. C. J. All that you say then is in mitiga- papers after they were enlarged upon, speak it tion of a fine; but if all be true that is proved a conspiracy? What can you say to all this? upon your client, as I see no reason to doubt Mr. Williams. My lordit, you will save but little by this defence. Justice. Pemberton. Stay a little, and answer

Mr. Holt. My Lord, as to the matter, it all all together. Do but consider with yourself, depends upon the credit of the witnesses, and those informations your client Mr. Knox did credibility of the circumstance in themselves, own he took, and before they were sworn, and and one with another. Some of the evidence carried them to my lord Latimer's lodging, and is but very slight, and sure were but produced | he himself owns that he took lodgings for them, to spend time.

and lay with them, and when the lords were in L. C. J. Indeed there was a great deal of it pursiut of them. to little purpose: for ought I see, this trial L. C. J. And then does he steal them from needed not to have been above an hour. place to place, and takes lodgings for them, and

Mr. Holt. As for his saying he should bave pays for them. 2001. a year, and the bettering of his fortune, Justice Jones. He brings one of them to it was but huis vanity and extravagance. make affidavit, and will keep it by him, is shy

L. C. J. Mr. Holt does argue as much for of showing it; afterwards does show it, this his client as the case will bear.

makes him a contriver too, as well as an exe· Mr. Holt. They have endeavoured to lay all cutor. upon us ; now if so be we are affected with any Mr. Saunders. If your lordship please severe evidence, I think the same evidence (to Justice Pemberton. Consider too the papers requite them) does affect them.

that were put in too of caution, that Knox and L. C.J. This is a kind of battle-royal, where they should not be found in several tales; for every one hath iwo enemies to oppose.

Knox had been examined before they were: Mr. Holt. Here is Mr. Dangerfield, he comes, what was the meaning of those instructions ? and in his evidence tells you, That my lady L. C. J. If you have any witnesses to wipe Powis was so long upon her knees to thank God yourselves clean from the matter of receiving that her party was so much strengthened by the the papers from Dangerfield, and taking lodge accession of Lane : My lord, I desire the quality ings for them when they were under that acof Mr. Lane may be taker notice of; a foot-cusation, do. man and a young rash fellow, one that both for Mr. Saunders. I have a word to answer vpon age and quality could not be very considerable. the testimony of Mr. Dangerfield.

L. C. J. But two witnesses are better than Justice Pemberton. Consider this, that he one, Mr. Holt; do you remember that? Knox attempted another man upon the same acused that expression, If Lane do but keep firm, count; your client did tempi Wiggins to do the we shall be too hard for Osborne alone, for two same thing to his master. • - witnesses are better than one; but by that he Mr. Suunders. That was in February before, coupted Lane worth something.

and all that he said was, that he would have Mr. Holt. You must consider, what he was had out of Mr. Bedlow's servant, what company to swear, they could scarce get an evidence so his master kept, and what he did. proper for what they would have him swear. L. C. J. You do observe right. L. C J. Mr. Williams, whet answer can you

Justice Pemberton. And to have betrayed give to all the transactions that Mr. Danger- his papers to him. field tells you of about Knox ? Besides, take L. C. J. That does not reach this indictment notice of this ; you would have this to be a indeed; but that thing that he would have contrivance by Lane and Osborne, to he be tempted bim to, was to have discovered, and to tween themselves, and that your client must be have a transcript of all the papers that con

a stranger to it; and when he comes to know it, cerned my lord of Danby; that he should • be knows it only as a remorse of conscience watch the company, anti know what lords were

that they tell him they have, and desire him to with him, that he might make his opposition as go with them before a justice of peace to swear well as he could, and that he should have what it, and he hearing something that might affect place he did desire under my lord. It does not his master the earl of Danby, and believing affect the case of the indictment, but it shews that all was true, did 'encourage that matter you are a tempter of men, and that you are a only for his master's service, and thought he cautioner, that you would hire a man to betray did a good act in it. But your subsequent be- his master's papers, which is not fair, let the haviour sbews it was a conspiracy rather ; for, master he who he will.

for

you?

Justice Pemberton. It facilitates the belief of clear case, as clear as the day ; I thiok you this.

need not go from the bar; but do as you will. L. C. J. Yes; Ay, ay, it is to make the jury more apt to credit what the evidence of this

[Then the Jury laying their heads together, particular fact is.

agreed without delay, and without inoving from Mr. Saunders. My lord, let me offer this

the bar.] word, and I submit: Mr. Dangerfield himself Cl. of Cr. Gentlemen, are you all agreed of does swear, that Lane brought hin a paper con- your verdict. taining the same matter that he did falsly ac- Omnes. Yes. cuse Mr. Oates of, and he read it over ihree Cl. of Cr. Who shall say times to him, and then he swore it before sir Omnes. Foreman. James Butler. My lord, I will put my cause Cl. of Cr. How say you, are the defendants upon that point, Whether Mr. Dangerfield did guilty of the offence and misdemeanour whereot not believe it to be true at that time,

they stand indicted, or Not Guilty ? Justice Jones. Your client is the more mis- Foremur. Guilty. [At which the people chievous man, to contrive it so, as to make the gave a great shout.] thing to be believed when it was false.

Serjeant Maynard. My Lord, I pray the L. C. J. The use of the argument he makes verdict may be recorded. is this ; that as Mr. Dangerfield miglit be de- Justice Jones. Let it be so. Come, where ceived into a belief that the information was are these two young fellows ? Let us see if they true, so might Mr. Knox as well when he saw one can shew their faces now. [And they were ready to swear it: but bath Dangerfield done brought into the middle of the court.) those subsequent acts which he hath done Knox. Will your lordship give me leave to in the confederacy, for which he is now in- speak one word for myself? dicted ?

Justice Jones. No, no, there is no speaking Mr. Suunders. He swears in his information, now; take them into your custody, Marshal. that they came to his hands from Lane and which was done, and the Court broke up. Osborne.

They were afterwards sentenced : Thomas L. C. J. Well gentlemen, you of the king's Knox to a fine of 200 marks, a year's imprison. council and of the jury, you need not any ment, and to find sureties for bis good bebavisummiog up of the evidence, I think the thing is our for three years. John Lane to a fine evident.

of 100 marks, to stand in the pillory for an Justice Pemberton. Gentlemen, it is a very hour, and to be imprisoned for one year.

259. The Trials of Lionel ANDERSON alias Munson, WILLIAM

RUSSEL alias NAPPER, CHARLES PARRis alias PARRY, HENRY
STARKEY, JAMES CORRER, WILLIAM MARSHAL, and ALEX-
ANDER LUMSDEN,* with the Arraignment of David JOSEPH
Kemish, at the Old Bailey, for High Treason, being Romish

Priests, 31 CHARLES II. A. D. 1680.1
ON Saturday the 17th of January, 1680 at the ner and gaol-delivery of Newgate, for the coun-
Sessions-house in the Old-Bailey, by virtue of ty of Middlesex and city of London, the per-
his majesty's commission of Oyer and Termi- sons hereafter named were arraigned and tried.

From a pamphlet entitled, “ The Trials even in the intervals of parliament. We only and Condemnation of Lionel Anderson alias disagreed in one point, which was the leaving Munson, William Russel alias Napper, Charles some priests to the law upon the accusation of Parris alias Parry, Henry Starkey, James Cor- being priests only, as the House of Commons ker, and William Marshal, for High Treason, bad desired, which I thought wholly unjust as Romish Priests, upon the statute of 27 Eliz. without giving them public warning by proclacap. 2. Together with the Trial of Alexander mation to be gone, or expect the penalties of Lumsden, a Scotchian, and the arraignment law within such a time; since the connivances of David Joseph Kemish for the same offence. had lasted now through three kings reigns. At the Sessions of Oyer and Terminer in the Upon this point, lord Hallifax and I had so Old Bailey, on Saturday January 17, 1679. sharp a debate at lord Sunderland's lodgings, Published by Authority. London: Printed for that he told me if I would not concur io points Thomas Collins and John Starkey, Booksellers, which were so necessary for the people's satis. in Fleet-street, near Temple-bar, 1680." faction, he would tell every body I was a Pa

+ “ The three lords, (Sunderland, Essex, pist. And upon his affirming that the Plo and Halifax) and I," says sir William Temple, inust be handled, as if it were true, whether “ thought of such acts of council as might ex- were so or not, in those points that were st. press his majesty's care for suppressing Popery generally believed by city or country, as wel, And after the usual proclamation for atten- Cl. of Cr. Keeper, set David Joseph Kemish dance was made, the court proceeded in this to the bar. [Which was done.) David Joseph manner :

Kemish, hold up thy band. [Which he did.] as both Houses : I replied with some heat that Mr. Speaker; and also touching several other the Plot was a matter long on foot before I things, and having given his answer, and be came over into England; that to understand ing withdrawn, one captain Scudainore was it one mast bave been here to observe all the called in to the bar; and asked several quesmotions of it; which not having done, I would tions, by Mr. Speaker, concerning one Elliot, : have nothing to do with it.” Memoirs, Part 3. popish priest, formerly committed to gaol by See sir W. Temple's Works, vol. 1, p. 339, fol. the said captain Scudamore. And he having edit. of 1740.

given his answer, and being withdrawn, The desire of the Ilouse of Commons re- Ordered, That the Thanks of this House ferred to in this passage was expressed in an be given to Mr. Arnold and Mr. Scudainore, Address which was voted on the 16th of Nov. for their informations this day given to the 1678, which will be found below.

House of the growth of popery. So early as the year 1675, the Popish Priests “ And Mr. Arnold and Mr. Scudamorę be. resident in England had reason to apprehending called in to the bar of the House, Mr. that the 27th of Eliz. would be enforced against Speaker did, in a short and eloquent speech, them. It appears by the Journal of the House give them the thanks of the House accordingly. of Commons, that

“ And it was Resolved, That a Conference “ November 8, 1675.

be desired with the Lords, concerning the

danger the nation is in by the growth of po“ Information being given to the House, of pery, and for providing remedies to prevent a very high insolence and violence committed the same. upon M. de Luzancy, a convert of the Pro- “ An Address of the 20th of February, 1670, testant religion, by one St. German, a Jesuit, touching the growth of Popery, with heads and and others, his confederates; and a Narrative reasons thereto, was read. Resolver, &c. That in writing being tendered, and read, giving à it be referred to a Committee to consider of particular account of the whole malter: the said Address and Heads; and thereout,

“ Resolved, &c. That a Committee be ap- and upon the debates of the House, to prepare pointed to take the said Narrative, now read, and draw op Reasons to be offered at the said into consideration, and to examine the mat- Conference." ter and report it, with their opinions, to the “ On the 29th of April following, the House House : and also to consider of such ways and proceeded to the consideration of a report made means as they shall find necessary for securing by sir Jolin Trevor : which was read by the and encouraging of couverts to the Protestant clerk, and is as followeth : religion, and to bring in a bill to that purpose;

“ The first Head; and also to examine, what Priests or Jesuits

« The Names of Popish Priests; by whom have been of late years committed or con

kept; the Chapels, and other places where victed; and by what warrants, and by whom

mass is said, and resorted to, in the county procured, they have been released, reprieved,

of Monmouth. or pardoned ; and to report the whole matter to the House, with their opinions therein : and “ 1. John Arnold, of Llanvihangell, in the it is referred to lord Cavendish, and 32 other county of Monmouth, esq. late a justice of the members, or any five of them; and they are to peace there, by his examination saith, that he meet this afternoon, at three o'clock, in the hath known Mr. David Lewis* for seven or eight Speaker's chamber; and to send for persons, years; who hath been for all that time, and papers, and records.

before, reputed a Jesvit, and Provincial of the Resolved, &c. That the Lord Chief Justice Jesuits, in the county of Monmouth: That for se of England be desired forthwith to issue his veral years past, he lived Llantarnam house, warrant for the apprehending St. German, the then in jointure to the lady Morgan; which by Jesuit, and his confederates; and for searching her death, about two years since, came to sir for, and apprebending, all priests and Jesuits Edward Morgan; where the said David Lewis whatsoever."

publicly said mass, as he hath been credibly “ On March 27, 1678, the House of Com- informed by persons that were present thereat. mons. being informed, That mass is publicly He likewise says, That he hath seen the chapel, said in several places within the county of altar, and ornaments in the said house, for the Monmouth; and that there is one Mr. Arnold celebration of mass : That the said David Lewis at the door, ready to make the same out. A lives now near Llantarnam aforesaid; and doth' Paper, containing an information of several also, as he hath been informed, say mass at a Popish Priests and Jesuits, aod the persons popish chapel, near Mr. Gunter's bouse in that do countenance and support them, was Abergaveny town. delivered in to Mr. Speaker. "Mr. Arnold was “ 2. Charles Morgan, gentleman, by his excalled in to the bar of the House; and asked amination upon oath, saith, That David Lewis, divers questions by Mr. Speaker, touching the matiers contained in the Paper delivered in to * See his Case, supra, p. 250.

Thou standest indicted by the nanie of David of our sovereign lord the king, and being a Joseph Ketnish, of the parish of St. Giles's in priest, made and ordained by authority derived the fields, in the county of Riddlesex, clerk; from the see of Rome, after the feast of the Nafor that thou being born within the dominions tivity of St. Jobu Baptist, in the first year of a popish reputed priest, doth often frequent :he ries and christens in the said parish; and has house of one Mr. Thomas Gunter, of Aber- endeavoured to pervert several of the parish to gaveny.

the popish religion. “3. William James, by his examination upon “ 10. Mr. Samuel Watkins, vicar of Lantiliooath, saith, That he bathiksown David Lewis Gresseny and Penrose, in the county of Monto be a popish priest this 16 years; and believes mouth, upon his oath, says, That Mr. Walter him to be the superior of all the Jesuits in Harries alias Price, and another Mr. Harries, North and South Wales : he and bis wife have say mass at William Pullen's house; and likereceived the Sacrament of him ; haih seen him wise do often christen. adıninister it to above 100 persons; bath seen “ 11. Mr. Aron Lewis, of Landigua, in the him christen several children, and marry se-county of Monmouth, upon his oath, says, That veral persons at a chapel in Llantarnam house, several persons have informed him, that Walter and at the houses of Andrew and Edward Wil Harries alias Price, is a popish priest, and had liam: That a great number resort to Llantar-christened several of their children ; and that nam to hear inass. Deposeth further, That the said Price said mass publicly; and that he he hath given several angels to the said David lives in the house of Mrs. Catherine and Lewis, to pray for the soul of his father-in-law, Christian Milbourne. after he was dead : and that his father-in-law “ 12. Alice, the wise of the said Mr. Aro told him and his wife, that he was fain to give Lewis, upon her oath, saith, That she knoweth 501. to the said David Lewis, to be disposed to the said Mr. Walter Price to be a popish priest: pious uses ; and that if he did not give it, he Hath seen and heard him say mass 10 times; should neither have the sacrament, nor abso- hath received the sacrament from him; hath lution. And he further saith, That he knoweth seen him administer it to a hundred more; bath Wm. Cornelius, who hath officiated as clerk at seen him often marry and christen; hath permass to the said David Lewis, this 15 or 16 verted several Protestants from the Chureh of years : and that the said Wm. Cornelius was England to the Church of Rome; as James both a constable and churchwarden for the Prichard and Catherine bis wife, Charles Watparish of Langatuck.

kins and Margaret his wife, and the wife of “ 4. Dorothy, the wife of Wm.-James, de William Arthur, and several others.-She furposeth, That she haih known David Lewis to ther saith, that she hath seen above 100 at be a popish priest these 20 years; hath seen mass at one time, at Mrs. Christian Milborne's him say mass at Llantarnan, and elsewhere; house; and that the crowd was so great, that she and her husband having received the sacra. the loft was forced to be propped, lest it should ment from him; and hath seen him administer fall down under the weight : That she hatli it to several persons; and marry and christen confessed her sins to the said Price; and that several times: she knoweth, that one William be gave her absolution. Cornelius hath officiated as clerk to the said « 13. William Lewis, of Ragland, in the David Lewis, for 16 years past, and above. county of Monmouth, upon his oath, saith,

“ 3. Mr. Arnold says, That he hath known That he hath seen Mr. Price, who doth, or captain Syliard four or five years : that he hath lately did live at the house of Mrs. Milborne, been informed by the minister of Lanarth, and say mass, and preach in Welch: That the said others, That he is a Romish priest, and doth Price did earnestly endeavour to turn him from openly say mass in that parish; to which great the Church of England to the Church of Rome; numbers do resort: that most of the parish telling bim, that he should never see the face are papists.

of God, unless he would be of their way. “ 6. Thomas Watkins, vicar of Lanarth, 14. Mr. Roger Seys, upon bis oath, saith, upon his oath, deposeth, That one Syliard, a That the said Walter Harry, alias Price, is a reputed popish priest, resides in the said parish. popish priest : And that he was present when

47. Mr. Charles Morgan, upon his oath, it was proved before a justice of the peace, saith, That the said Mr. Syliard, a reputed that the said Price had said mass. popish priest, lives with Mrs. Jones, of La- « 15, William James, upon his oath, saith, nartb, widow.

That he knoweth Walter Harries, alias Price, « 8. Mr, Arnold says, That Mr. Harris alias a popish priest ; and hath seen bim at mass; Price, is reputed to be a popish priest. bath heard him say mass : And that be is en

"9. Thomas Watkins, of Lanarth, upon his tertained at Mrs. Milborne's house in Clitha. oath, deposeth, That Walter Harry alias Price, “ 16. Mr. Arnold says, That he hath been is a reputed popish priest; resideth in Clitha, very credibly informed, that one Dr. Pugh says a hamlet in Lanarth, in the house of Mrs. mass publicly in the house of Mr. Thomas Christian Milburne: That there are above 80 Rodnam of Blackebrook, both when Mr. Rodreputed popish recusants, besides children and nam is at home, and wben be is absent : That servants, in that parish: That he hath been he hath been juformed, that Walter James, inforıned, that the said 'Price says mass, mar- esq. suffers one John Lloyd, a reputed priest,

sants.

the reign of Queen Elizabeth, and before the not regarding nor the penalties in the same 15th of November, in the 30th year of the reign contained any ways fearing, the said 15th day of our sovereign lord the king that now is, The of November, in the 30th year of the king laws and statutes of this kingdom of England aforesaid at the parish of St. Giles's in the to say mass in his house at Treivor: That he said Thoinas Gunter told him that in Oliver's hath seen a chapel at Llanvaire in the house of time of severity he kept a priest, and would keep Turbervill Morgan esq.; and an altar and or- one now : That many times corps came to be innaments in it : And he hath been informed, terred, with the formalities of white crosses that Thomas Lloyd, a popish priest, saith pub- upon them; and, endeavouring to hinder the lic mass, marries, christens, and buries in the said superstition, he hath been often abused : said chapel.

That be hath informed John Arnold, esq., and “ 17. Mr. Samuel Watkins, vicar of Llan- other justices of the peace, of public mass tilio-Gresseny, Penrose, upon his oath, saith, said there; and other enormities of the papists. That Mr. Lloyd, a reputed popish priest, says

“ 22. William James aforesaid, upon his mass at the house of Turbervill Morgan, esq., oath, deposeth, that he knoweth Philip Evans, in his parish : That there are three other commonly called captain Evans, a popish houses in his parish, where reputed popish priest, entertained by Nr. Thornas Gunter, at priests are entertained, and say public inass : his house in Abergareny. And that there are in the parishes of Llantillio- “ 23. Mr. Arnold says, That the persons Gressing, and Penrose, sixscore popish recu- who commonly go under the names hereafter

mentioned, do often change their names, and 18. Mr. Arnold says, That he hath been are called by other names; and are reputed to informied by the minister and several witnesses be itinerant priests in the counties of Herethat Mrs. Scudamore of Penrose, widow, suffers ford and Monmouth; and do usually officiate public mass to be said in her house ; and that in ten miles compass; viz. Mr. Draycott, Mr. great numbers resort thither.

Elliot, captain Pugh, Dr. Pugh, Mr. Ryder, Mr. “ 19. Mr. Samuel Watkins, vicar of Penrose, Morgan, Mr. Lloyd, Mr. Williams, Mr. Parry, upon his oath, saith, That one Mr. Lloyd, a re- Mr. Jones, Mr. Harries who is said to be suputed popish priest, is entertained at the house perintendent of the Combe, Mr. John Hall, Mr. of one Mrs. Winifred Scudamore: And that he Thomas Powell, Mr. Harries, alias Price, Mr. hath seen him there, and a great number of | Thomas Andrews. popish recusants resorting thither upon Sun- “ 24. Tho. Watkins, vicar of Llaparth, upon days and holidays, to hear mass, as he con- bis oath, deposeth, That Thomas Andrews a receiveth; and he verily believes, all her children puted popish priest, says mass very often at were christened by popish priests.

William Davie's house of Bettas, as he hath " 20. Mr. Arnold says, That be hath seen a been inforined. public chapel near the house of Mr. Thomas 25. Mr. Sam. Watkins, vicar of LantilioGunter, a papist convict in Abergaveny, Gresseny, upon his oath deposeth, That Mr. adorned with the marks of the Jesuits on the Thomas Andrews, a reputed popish priest, is Outside : and is informed, that mass is said entertained at Mr. Anthony Powell's at Kilo there by captain Evans, a reputed Jesuit, and lough ; where he hath seen him : And that he by the aforesaid David Lewis ; that very great says public mass there : And that Mr. Hall a numbers resort to the said chapel, and very reputed popish priest, is entertained at Mr. often at church time : And he hath credibly James Prichard's house of Blean Llyman, where heard, that 100 bave gone out of the said mass is publicly said: And he hath been informchapel, when not 40 have gone out of the ed, that another reputed popish priest, called great church: And that the said chapel is Mr. Laurence Watkins, frequents the house of situate in a public street of the said town; and Mr. Walter Powell. doth front the said street.

26. Mr. Roger Seys, upon his oath, de“ 21. Mr. Greenhaugh, vicar of Abergaveny, poseth, That he heard it proved before several and Lantilio Bartholy in the county of Mon- justices of the peace of the county of Monmouth, upon his oath, saith, That on Suodays mouth, that Mr. Lawrence Watkins was a and holidays he hath seen great number of popish priest, and did officiate at the house of Roman Catholics resort to the house of Tho- Mr. Charles Scudamore, deceased : And furmas Gunter at Abergaveny: And that the said ther deposeth, That Thomas Powell, a reputed Gunter entertains one capt. Evans, whom he sup- popish priest, liveth at the house of the lady poseth to be a popish priest : That there is the Jones of Treowen, which is distant about a public marks of the Jesuits on the outside of quarter of a mile from the parish church of the building; which is directly towards the Dingeston ; to which church, as he is informed parish church ; and he is informed is their there do not resort above sixteen or twenty chapel : And that they have in that house all persons, or thereabouts; when there do resort the formalities and ornaments unto a chapel be. to the house of the said lady Jones threescore longing ; with mass on Sundays, and other holi- or thereabouts ; all which do pass and repass days. He deposeth, that there have been many through the said church yard of Dingestow, at marriages and cbristenings in both the said the time of divide service. parishes, by popish priests:

And further, that the “ 27. Mr. Charles Morgan, upon bis oath, YOL. VII

3 G

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