I Being at London on All-Saints-day, when the Proclamation came forth to command all Catholiques to depart from thence by the Friday following, I obeyed, and came to a Friends house in Worcestershire, not intending to stay there; but the King's second Proclamation being presently published, That no Catholique should walk above Five miles without being stopt, and carried before a Justice to have the Oaths tendred, I asked Counsel of the wisest I could, both of Protestants (whereof one was a Lawyer) and another a Constable, as also of Catholiques, 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 Catholiques 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 double comfort before God, and the King; before the King, 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 men, 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, [Page 2] 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 of­fend against either, by so complying, whatever I suffered for the contrary.

The Justice's Wife was compassion ate towards me, and desiring to speak private­ly with me, she used her best persuasions to me to comply with what was desired of me concerning the taking the Oaths, for fear of further trouble or danger. I an­swered her with thanks, and told her, That I was sorry she had no better opinion of me, than to think I had prosest such a Faith and Religion all my life-time, and now upon the trial could be moved with any fear or danger (which God sorbid.) I told her it was such a Faith, that in it I deposed my Soul, my Confidence, Heaven and Eternal Life, and therefore I neve r did, nor (by God's grace) never would fear to suffer for it what pleased God; For who could fear even Death itself of the Body whose life is momentary, for Profession of that Faith wherein he deposeth the Eternal life of his Soul?

This Answer satisfi'd both her and my self, for I was resolved to make a pub­lick Profession of my Faith and Religion; upon which I return'd to the Justice, who thought fit I should go to another Justice, who was Sir John Packington, whither also he went with me.

When I came to Sir John, he asked me who I was? I answered him, I was a Gentleman sufficiently known for these 20 Years in Worcestershire to all sorts of People. He asked me of what Calling I was? I answered him, of none. He asked me what Estate I had? I answered, I was no Landed man. Then he asked me, If I would take the Oaths? I answered, I understood them not. He replied, Will you take them, or will you not? I told him if he pleased to let me see them, I should return him my Answer.

Now the reason why I desired to see the Oaths, was, because I was resolved to make a Publick Declaration of my Faith, that they were against my Conscience, and therefore by declaring publickly the Reasons why I could not take them, it should be publickly known, that whatsoever I was to suffer for not taking them, was for no other cause but for my Faith and Religion, because I would not swear against my Conscience—For, would I have taken them, I had been there also freed.

When the Oaths were brought to me, they told me I must read them out aloud, but I told them that because it was a publick place, and many there present of seve­ral degrees, as well of the Housholders, as Strangers, I feared least reading them aloud, some that heard me might think I sware what I read, and so might go and report they heard me take the Oaths before the Justices. But they declared they would not think so l so I read them over and over, which when I had done, I said aloud, God save the King; and then declared to both the Justices, and all the rest, in this manner.

I am ready to swear as followeth:

That I ever all my life-time have been, and now am, and ever will be to my last breath, as saithful a Subject to the King, as any Subject whatsoever, and as faith­ful as if I should take the Oaths now offered by them to me an hundred times over▪ but as for taking these Oaths offered me, I could not take them whatever I suffered, and the reason was, because I understood what an Oath was, and the conditions which God has prescribed to us, before any could call him to witness lawfully in ta­king of any such Oaths.

[Page 3] The Conditions which God has prescribed I told them were these.

Thou shalt swear the Lord liveth in truth, and in judgment, and in righteous­ness; so that in every Oath, the life of God, the truth of God, the judgment of God and his righteousness, are included by all which we swear, and the Oath we take is to have all these Conditions, truth, judgment, and righteousness, Jerem. 4.—Therefore if I should take these Oaths which are concerning damnable Doctrines and Heresies, I must call God to witness that I no more believe him to be a living God and true God, a just and righteous God, than I believe these things contained in the Oaths to be true, just and righteous, to swear to which Oaths I do not nor cannot in my Conscience believe to be so. For, before I or any man else can under­stand the Contents of these Oaths to be true, as to call God to witness that I be­lieve them to be as true, just and righteous, I must be able to desine what is Faith or Heresie in these Contents I swear to, and I must know the full extent of all cases of this nature that God has left to all Temporal Princes and their Power; I must also understand the full extent of all cases of this nature of power spiritual which God hath left in his Church in or over Christian Kingdoms of Temporal Monarchs, which power in these Oaths I am to swear on the one side, and forswearing the other.

I told them I was not of capacity nor knowledge to set the Confines to each Power, or to determine or define the extent given by God to all in this nature, so as to swear and call God to witness I am as sure of it, as I am sure he is a living God, as I must do if I take these Oaths, the extent of which I did not understand in my Conscience to be so as to believe them; Therefore I could not nor would not swear to them. I having spoken these things, no body said any more to me, but the Justices going out of the Hall made my Mittimus and Sentence for Worcester Prison, because I would not take the Oaths they tendred me.

I have been since called to the Bar at the Sessions, where I spake to the same effect before Judge Street, and the Justices, as I had spoken before to Sir John Packington, having first asked their leave to speak, which they gave me for a little time, and then bid me return to the Prison.—But first they were urgent with me to answer positively, Ay or No, was I a Jesuitical Priest, or was I not? To which I answered, It was an easie thing for me to say No, but by saying No, I might prejudice others, who hereafter 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 me, might be produced against me, and I would answer for my self: 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 sware 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 ones self though he was guilty.

Upon this the Judge sent me to Prison again at Worcester, where now I am, which Imprisonment, 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 [Page 4] than all the liberties the World could afford. As for my 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's an easie 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?

God gave Job a goodly increase for all the riches he took from him, and blest his latter end more than his beginning, and gave him an Hundred and forty years of flourishing life for his short affliction, in which, his constancy and faith in God was tried; and our Saviour promiseth an Hundred-fold to all that leave Goods, and every thing willingly for his fake.—Who well considers this, will be content to leave both▪ Friends and Fortunes, 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 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 God, because they choose rather to suffer Persecution, than swear against their Consciences; They honor 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.

On Tuesday, April 15. 1679. I came before Judge Atkins at Worcester, to have my Cause tryed at the Sessions, having been Committed five Months before to Worcester-Castle by two Justices of the Peace, Sir John Packinton, 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 Tryal 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 fore'd 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 Tryal was come. The fourth Witness came of his own accord for Lucre sake, who, the same day that I was first brought to Worcester Prison, offered himself to swear before the Mayor of the Town, that I was a Priest, before ever he came to see who I was.

The Testimony which he gave against me before the Judge, was this.

He swore he had been at Confession with me, and that he had received the Sacrament at my hands about two years before at his Fathers house, whil'st he was a Catholique; 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.

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 Jaylor to take the Party that fitst denied to swear to Prison, thinking by this violent way of proceeding so to afright them, that they should say something, out of which advantage should be taken against me; which thē better to effect, they made [Page 5] them first lay their hands on the Bible, and then kiss it, which they did. Then the Jury told them, that now they were to tell all the truth according as they were asked.—First they asked whether any of them had ever heard me read? One answered, yes, the Bible, and sometimes any other Book. Then they asked, Whether they had ever seen 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.

But how Charitable or Christian-like these Proceedings of the Jury were, let the World judge Now, as God will Hereafter; For, if this be a charitable way of proceeding among Christians, that our Neighbors 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 Neighbors, what horrid Confusions and Odium's 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 kist it; I suppose they judged themselves bound to say what they did.

After this, when the Jury had got out of them what they could, the four Witnesses and I were called before the Judge. The first Witness that came to swear against me, as the custom is, repeated his testimony over again before the Judge, and so did the other three that were forced; which when I heard how absurd and insignificant some of their testimonies were, I inconsiderately smiled, at which the Judge being offended, I humbly begged his Pardon, and told him I was sorry for it.—But forasmuch as laughing or smiling were pas­sions of Nature, over which no man had a free course or power, I hoped and beseeched him not to impute it to me; he told me he would not be displeased at me for it. Then he asking me, whether I was guilty, or not guilty of my Accusations? and I answering, Not guilty, he bad me shew it, by answering for my self; I told him I was ready to do it; but told him first, I had an hum­ble Petition to his Lordship, which was, that I desired a full and free liberty without hindrance to answer to every Objection, and plead for my self; I al­so desired he would reflect in my behalf, that as he was to be my Judge, so he was to be my Advocate. And forasmuch as all earthly Judges were to imitate the heavenly Judge, who as Advocate ten thousand times mitigates the severity of a Judge, whil'st his hand of mercy is infinitely stretched forth beyond the hand of judgment. And therefore I begged of his Lord­ship, that I might find the favor of an Advocate from him, rather than the ti­gor of a Judge, especially in those things which according to Law may be ad­vantageous or disadvantageous to me, which I understanding not how to make the best use of them, desired his Lordship would vouchsafe to do it for me; which that the better he might be moved to do, I desired he would be plea­sed to consider that this my Life and Concerns were (in comparison of others greater) not so much considerable, I being but a private person, yet my Little was to me Much, because my Little was my All; and my Life to me were as much as Caesars or Solomons 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 my self 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 before him in a Case, where the World as much as 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 me speak for my self.

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 Fathers house, and according­ly, as I was desired by him, I staid all night.—But as for this Witness, I was a stranger to him, and he to me, as he confest himself. Then the Judge asked him, Whether he knew me before or no? For he declared publickly, That he [Page 6] never knew me, nor saw me before or since, till he saw me at Worcester, and yet he said the next morning he made his Confession to me, and I gave him the Communion at Mass as he supposed in my Chamber; but he said that none of all the Family was present at that time, only he and I alone; whereupon I desired the Judge to consider what possible likelihood could be of the truth in this his affirmation, that I should come to a house where I was acquainted with them all, Father, Mother, and Children, with all but this Witness, who as he declared knew me not, nor ever had seen me before, what likelihood is there I should say Mass before him alone, hear his Confession, and give him the Sacrament, and so go away without any one of the Family (with whom I was so well acquainted) hearing, seeing, or knowing the least of this that past be­tween him and me.—I therefore desired my Lord to ask him, Whether I spake of Confession or Communion? or what I said to him when I gave it him? or whether I told him I would give him the Sacrament? which when the Judge had asked him, he answered, That indeed I never had spoken to him either about Confession or Communion to come to either; neither did he know what I said to him, when I gave him Bread like a Wafer; but he of his own accord did desire me to hear his Confession, and give him the Wafer which he took.—Whereupon the Judge asked how it came to pass that he, never having known nor seen me before, nor I spoke with him about Confession or Com­munion, how could he now tell who I was, or how could he desire such a thing of me who was a meer stranger to him, neither of us knowing any thing of one anothers condition; sure, said the Judge, we do not give the Communion on such terms.—To which he answered, that his Father had told him, that if he would he might confess to me, and that I would give him the Communion.—So although he had sworn before, that none in the house was witness, or saw him confess or receive, yet rather than be confounded, he would bring his Fa­ther into confusion, and accuse him as guilty of being the cause of what he did, which might be the ruine of his Family.

But the Judge taking no notice of what he had accused his Father, spake to me, and told me, by this it might appear, That I had taken upon me what be­longed to the Priests Office, by hearing his Confession, and giving him the Wafer. To which I replied, that with his leave, I would make it appear, that all which this Witness had said against me, did not at all prove me to be a Priest, or to have taken the office of a Priest upon me; for all he said I had done, I might do it lawfully though no Priest, so might other men that never were nor would be Priests do the same, as many thousands had done and did do through the world. He asked me how I could prove that? I answered, as to his Confession he spoke of, in the nature he declared it, it was only an act of charity for me to do as I did, and every Christians duty obliges every man to do the same that he said I had done for him, and the same was practi­sed by all Sects whatsoever, that never knew what belonged to Priesthood; For, if our Neighbor have any thing that perplexed his mind, there is no bet­ter way to ease it, than by speaking of it to any whom he supposed might know how to take away or mitigate his Grievances by counsel or advice; And therefore this Witness having understood something from his Father, that might move him to confide in me, came of his own accord, as he said he did, to impart his mind to me, and therefore I should not have fulfilled Christian duty, if I should have slighted his trouble, and not have given him leave to ease his mind to me, and, in the best way I could, endeavor to assist him, and divert his trouble, though I was a stranger, being that he of his own accord, as he said, came to me for that intent, and therefore I desired the Judge to ask him, if it were otherwise than what I had told his Lordship?

The Judge replied that I went further; for, as he says, I gave him the Wa­fer or Communion. I answered, that suppose I had given him the Wafer or Communion (which whether I did or no I was not certain) yet according to his own word, this could no way prove that I gave him the Sacrament; for, let him speak if I told him it was so; or let him declare if I said any thing to him concerning the Communion, or what I said; he could not say I did, only I [Page 7] gave him something; therefore I told the Judge, that if he pleased to give me leave, I would tell his Lordship what practice ever had been, and is con­stantly used in the Catholick Church throughout the world, in giving hollowed bread or water, which is nothing belonging to the Communion or Sacrament; for, I told my Lord, as there was holy water kept in all private houses, as well as in the Chapels, and places of Prayer, so there was also holy bread, and sometimes of the same nature as the Wafer or the Communion, and of this as well as of the other sort of bread, was on Sundays, and other certain daies, not consecrated as the Communion, but only blessed as holy water by the word and prayer, and so distributed to men, women, and little children, of two or three years old; and such like hallowed bread thousands of men, women and children, take, and may carry about them, and keep in their houses, and eat it at any time, and give it when, and to whom they would, to children, or others; and for my part, I have many times in my life taken it from others at any time; when I had it, or was in any private house where I found it, I have taken it to eat my self, and given it to any man, woman, or child, sometime they desiring it, sometime of my own accord I gave it, and so possibly I have given it to the man that witnesseth here against me; and if he know the contrary, but that it was as I said, I desire that he would speak: But he had nothing to say of me to the contrary.

I appealed to my Lord to judge whether this testimony, or any other testi­mony this Witness brought against me, were of any force or value to make me guilty in this matter, which no waies could be made out against me.

I proceeded therefore to answer his third Accusation against me, which was, that I should have told him, that if he did not return to the Faith from whence he had fallen, he would be damned. To this my Answer to my Lord was, That I had all my life time been so fearful of such rash Judgment, that I do declare it in the presence of God, as I did before him, that I had rather dye, than presume to pronounce the sentence of damnation against any man; but I told his Lordship, that if he pleased to give me leave, I would relate what I had said to him, and others, upon the like occasion, which the Judge being willing to hear, I told him, that I being at this man's Mother-in-law's house, who was of no Religion, no more than this Witness, and the Mother desiring to hear what Catholicks held, and the reasons for which we believe such points of Faith, I told her what we held, and shewed her the proofs for what we held in her own Bible, and when she made any difficulty whether such texts of Scripture were to be understood as we understood them, or in any other sense, I shewed her out of the Protestant Practice of Piety, and out of the Protestant Common Prayer-Book, that not only Catholicks▪ but all Protestants understood them in such a sense; and she having those Books by her, I turned those places to her to read in her own Books, and so she did, and yet neither the Bible, nor Common Prayer-Books, nor Practice of Piety, could satisfie, or make her believe; whereupon I told her, that if she were a Christian, she must believe something; for, as she believed, so she should be saved:—I told her also what the Bible declared to her, That without Faith it was impossible to please God, and I bad her consider the text that saith, Whatsoever is not of Faith is sin; as also the text that saith, The just man liveth by Faith, and de­sired her to read those words of our Saviour, where he saith, He that be­lieveth shall be saved, but he that believeth not shall be damned; which she did read; and this Witness being then present, and I saying the same then be­fore him, I suppose, from this text, he accused me that I should say, he would be damned, because I repeated, and shewed them our Saviour's words, as they appear in that place of Scripture.

I having thus answered all the testimonies this Witness could bring in against me, I referred my self to his Lordship, and all the Bench, to judge whether any thing this Witness had said against me, would make me guilty: The judge said but little to it, but called for the next witness (who was Father to this first) who was so much grieved at the proceedings of his ungracious Son, that he could not forbear to shed tears all the time that his Son produced such [...]ccusations against me; so that he appeared more witness against his Son's [Page 8] ungodliness, than a Witness against me: Yet the Judge asked him many que­stions, whether he had ever heard, seen, or known any such or such things of or from me: To all which questions he answered, No, he knew nothing a­gainst me; so that the Judge seeing he shewed so much kidness, he asked him what he was? He answered, a Catholick; whereupon the Judge bade him go away, saying, He was too much my friend, and therefore he would not ac­cept of him as a witness, but called the third. This witness was an old man, and very deaf, who was forced to come against me by a warrant, swore a­gainst his will: The Judge asked him several questions, whether he heard me say any prayers; he answered, yes, but he could not well understand or hear what they were, because he was so deaf; he asked them whether they were English or Latin? he answered, he could not well tell, he thought it was both; and, I think, it might be neither, for ought he could hear, he was so very deaf: Then he asked him what cloaths I had on? he answered, he could not well tell; I had something on that was white, a Surplice he thought; and the Judge was willing to suppose this to be a Priests habit at Mass, or when he gave the Sacrament; but I told his Lordship, that this could be no proof of any such matter, because, all over the world, among Catholicks, such Gar­ments were worn by thousands in time of prayer, who never were, nor will be Priests, as is well known to those that have been Travellers: And I told his Lordship, that if he pleased to call for them, there may be several Tra­vellers, of several Sects and Opinions present in the Hall, that would be suffi­cient witnesses as well of this, as of the holy bread and water, which the other witness as well as this old man said I had given them, which they suppose to be the Sacrament; but the Judge would call for none, but called for the fourth witness.—This witness was a young woman, who was also by violence forc'd to come and swear what she had heard, seen or known concerning me about the matter in question. The Judge asked her whether I had taught her any thing, whether she had been at Confession or Communion, what I said to her, what pennance I gave her; and he asked also the like questions of the old man, the former witness, to all which they were both very unwilling to answer; for which some of the rude people curst the old man for an old doting fellow, and were as much vexed at the young woman, because she was so dejected, that she could not speak, but lookt like one that was half dead, as some of the people said in anger she was so. The Judge perceiving in what condition she was, said aloud, what men are these Priests that have such power over people, that they are not able to speak against them; he therefore bid them remember they were in the presence of God, and were bound in conscience to speak the truth of what they had heard or seen; so at last they owned that I had read in the Bible, and other Books to them, and that they had confest what troubled them, and had received something like a Wafer from me, and that they had believed what I read to them; yet they both declared pub­lickly, that I did not bid them come to Confession, or take the Wafer or Bread; and when they took it, that I did not tell them it was the Sacrament, neither did they know whether it was or no: By all which it appeared according to the letter of the Law, and in conscience, that none of these testimonies were of suf­ficient force to make me guilty. A mans life is not to be taken away upon sur­mises, or possibilities, that this might be the Communion, as well as other holy Bread. For, the Law requires, that it must be proved that there was an Ad­ministration of the Sacrament by one that had taken Orders from a Foreign Power; of taking Orders there was not the least Accusation mentioned a­gainst me by any of the witnesses, much less could it be proved, no not so much that I pretended to give the Sacrament any more than it might be holy water, or holy bread, as I desired my Lord to consider; neither was it the wearing of a Surplice that could prove I said Mass; for Priests never wear Surplices at Mass: And if a mans wearing a Surplice at prayer, prove him a Priest, then all the Singing-Boys in every Protestant Cathedral Church, and in all other Churches in Christendom, all those Boys, though but of ten or twelve years of age, must be by consequence all Popish Priests; and all Jews who constantly in their Synagogues put on a white Garment like a Surplice, as I [Page 9] and all Travellers have seen them do when we have gone to see them pray: At these Jews must be Romish Priests:—Out of all which it evidently ap­pears, that none of these testimonies the witnesses brought against me, were any way concluding according to Justice to make me guilty of being a Priest.

As for my reading the Bible to them, or in satisfying them in what they doubted, or bidding them say their prayers, and particularly the Lord's Prayer, which the last two witnesses told the Judge I had done, and the like (he fearing to answer to all the questions he asked them) To these I answer­ed, that I own I had done so; whereupon the Judge said, that out of this it appeared, that I had taken upon me the Priests Office. I told him, that with his leave I would shew how it did no ways follow; for, out of this it only followed, that I had done the duty of a good Christian, and every man in the like circumstances is bound as a Christian to do the like that I had done: I told him, that they, doubting of such things, and desiring me to shew them if such places were in the Bible, or not, and desiring to know what I did believe of those points, and the reasons why I believed them, I turned to such places in the Bible, and read it to them, and bid them read the same themselves, which they did, and so were satisfied. And I told my Lord, for what I had done, I had the Scripture warrant, and Scripture command also to do it, and so had every Christian command to do the like; for the Scripture commands all to be redy to give an answer to every man concerning the reason of the hope which is within us, and this I had done to them, or to any other that had asked me as they did. But I told my Lord withal, that I knowing the Statute of perswasion, had alwaies so much regard to that, when any would discourse with me concerning my Faith, or theirs, I told them, that (being there was such a Statute as the Statute of perswasion) though I was bound to give them an account of my Faith and Hope, if for conscience sake they asked me, yet I told them I would not incur the penalty of that Statute by using any force or perswasion against their consciences; for violent forcing of con­sciences was against the Law of God; yet I told them what I did believe, and shewed them the places of Scripture on which my Faith was grounded, ac­cording as they desired me to do for them, and then I would leave it to God and their own consciences; and if they did not believe those texts, I had no more to say to them; and if they did believe them, they best knew before God and their consciences what they had to do; so that it was not my per­swasion, but God and their souls salvation that was to determine them in the belief of what they read in the Bible: And I bade them bear witness that I told them thus, if in case we should ever be called in question before any Judge; and thus I have discoursed, as several would bear witness for me. I told his Lordship this was true, and so did those witnesses; for, they declared publickly what I said was true, whereupon I did appeal to my Lord, if I was not innocent in this point; and as for my bidding them say their prayers, or when they desired to ease their minds by declaring what troubled them, I desired to clear my self by asking my Lord, with his leave, what Nation or Sect in the world ought not, and did not counsel and wish their Neighbours in their troubles to ease themselves by prayer to God; and much more every good Christian ought, when he understood that his Brother had acted the Pro­digal Son, offended his Heavenly Father, and therefore was troubled in con­science, ought, I say, to perswade him to return by repentance, and beg mer­cy of our Father which is in Heaven: I having done no more but this, have only done a pious Christian duty to my Neighbours, which any man, though no Priest, may and ought to do the same. I having pleaded these things for my self, the Judge was pleased to tell me, I had a nimble tongue, and wit, and that by those discourses I strove to make the Jury attend more to my plead­ing for my self, than to the witnesses Arguments against me: To which I re­plied, I spoke nothing but truth, which I ought to do to defend my self a­gainst my enemies, therefore I hoped his Lordship would not be offended: But if I have exceeded (as his Lordship said I did) because I hindered him from speaking, I humbly craved his pardon, & hoped I should obtain it, being my [Page 10] Concerns and Reasons to plead, as I did, were of no less consequence than Life and Death.

But for all this the Judge told the Jury, that they were to consider the Ac­cusations of the Witnesses against me, as having done such and such things which Priests use to do; neither was it necessary that the Witnesses should prove me to have taken Orders from Foreign Power, and so to prove me positively to be a Priest; For, that (they not having seen me take Orders) they could not do, but it was sufficient they had seen me do such things, by which it might be presumed it was so. Whereupon I answered, That there was never a Proof yet alledged, that did or could make that appear, or be suf­ficient to conclude me to be so, and therefore I was no more guilty than ma­ny thousands, of whom all these things alledged against me might be verifi'd, who never were nor would be Priests, as I had sufficiently shewed, why there­fore should they be thought sufficient to conclude against me. I therefore de­sired the Judge, before he sent out the Jury, he would give me leave to speak a word or two to them. He answered No, he would not. I then desired his Lordship would give me leave to speak again to him before them, ere they went out; to which he assented: I therefore desired his Lordship to give me leave to ask this question of him, which the Jury might hear.— Suppose all the Proofs which had been by all the Witnesses brought against me, were to be alledged against the Jury, or some of them, so that if the Arguments were judged by them to be of force or concluding, some of those of the Jury should lose part of their Estates and Credit, and being in some danger of their lives, who of all the Jury on whom this peril were like to fall, would judge those Arguments alledged against me, sufficient to condemn them to the loss of part of their Estates, or part of their Credit with some danger of their Lives? I therefore desired it might be considered, that my All lay at stake, all my Concerns in the World; Credit and Life not only in some danger, but certainly to be Condemned, if those Arguments brought in by them against me should be judged to be of force. Therefore I desired they would deal by me as if it were their own case, according as I had proposed it to them, and so I should give no further trouble in speaking, being it was not judged fit I should say any more (as I had desired) to the Jury.

I had only one Favor more to beg of the Judge before they went out, which was, that his Lordship would read a Paper before them which I had ready, whereby I could prove, that the first and chiefest VVitness against me, which was Rogers, ought not in justice to be admitted as a competent VVitness against me, as the VVriting I offered the Judge would shew; which VVriting I gave to the Judge, and he read it over privately to himself, and seeing the hand of him that wrote it at the bottom, who offered to swear for me against Rogers, the Judge asked where this VVitness for me was, and why I had him not ready? I answered he was hard by in the Prison for Debt, if he pleased to send for him; but the Judge would not send for him. I then desired the Judge that at least I, or any else here present, might read my Paper publickly, that all might know it was true, that I had such a sufficient VVitness for me against Rogers; but the Judge neither would let me, nor any else read it openly, but however I made bold to tell publickly all the Contents of the Paper, which were word for word as the VVitness wrote it with his own hand and name at the bottom; thus—

[Page 11] By this it may appear, that if the Judge would let my Witness appear to have sworn, I might have cast Rogers, the chief Witness against me; and why it was not granted, let all that hear it judge. However, I still continued to plead, that all Proofs alledged against me were insufficient, which I can make appear even in the Judge's own opinion, though I did not tell him so; For you must know, that before in his Circuit, though Witnesses swore against a Gentle­man (whom they would have proved a Priest) that they saw him marry People and Baptize, which are the Actions of a Priest, yet the Judge declared, that because these Actions might be done by such as were no Priests, as well as by Priests, as it appeared, because Justices of the Peace married People in Cromwel's time, and any Man or Woman might at some times Christen Chil­dren; therefore such common Actions, as he declared, could not prove the accused Gentleman to be a Priest for doing them, and thereupon the Judge freed him.

Whereupon I infer, That all the Actions the Witnesses sware they saw me do, as wearing a Surplice, giving the Wafer, exhorting to Prayer, shewing Points out of the Bible, hearing others Grievances, which they of themselves declared to me, and the like, being these are things done as well by those that were no Priests, as by Priests; according to the Judge's own opinion, these Actions ought not to have been judged sufficient Proofs against me, no more than such Actions were judged sufficient against other Gentlemen; although I did not alledge this to the Judge, yet it was sufficient he knew it, and might, if he had pleased, done with me accordingly, though he did not, but sending the Jury out, sent me from the Bar.

I being afterward called again to the Bar, and it being declared unto me, that the Jury had found me guilty, the Bill was read against me; and then I was asked what I had to say for my self, why I should not dye, that I might speak before the Sentence of Death past against me. To which I answered, I only desired to know for what I was to dye; for I have shewed that all things alledged against me heretofore, were insufficient to prove me a Priest, or take away my Life.

The Judge answered, That the Jury had found me guilty, and that now there was no more to be said concerning the Proof, but that I was to be Condemned as a Priest.

To which I replied, That though the Jury had found me Guilty, yet I was still Innocent from any guilt of Death, and with his Lordships permission I would prove it. He asked me how? I answered, thus; I had not been out of England, to take any Orders from Foreign Power since the King's Restau­ration to His Crown, neither had I any opportunity to take any Orders in England; therefore if I were a Priest, I was so before His Majesty came into England: But whatever I had done before the King came into England, can­not make me now Guilty, supposing I had transgressed the Law before because His Majesty before His Return, put out several Proclamations, that none should ever be troubled for their Religion or Conscience-sake; and since His coming into England, He had done the same by several Proclamations: and what was yet more, not long since, had set forth His Declaration, that every one should freely practise his own Religion of what Sect or Persuasion soever, which De­claration, if I were a Priest, I might safely relie on, as well as all others. To which the Judge replied, Where had I the Seal to that Declaration? I answer­ed, I never questioned but that a Subject might take his King's Word declared in His Publick Proclamation without His Seal. The Judge answered, However if I were a Priest now in England, I was guilty. I replied, That supposing I had formerly taken Orders before the King came to England, I could not alto­gether degrade my self, or be otherwise now, than what I was ordained then; therefore if I were a Priest, I cannot now be guilty for it, because all that ever was done before the King's Restauration, in what respect soever, was all for­given and blotted out by the King's General Pardon to all Subjects, even to those who had a hand in the death of His Royal Father, and so the Catholicks for their Religion were not excluded out of the General Pardon, wherefore I told his Lordship I was not guilty.

[Page 12] Whereupon he told me I was guilty, and presumed far to plead so resolute­ly, and with such confidence before him and all the Bench.

I craved his pardon for my Fault, but desired his Lordship to consider, that I was bid speak if I had any thing to say for my self, before the Sentence of Death past against me, and therefore I had reason to plead home, since this was the last time I was like to speak for my life in this world, which I hope his Lordship and the Bench would consider; but if notwithstanding so many Pro­clamations, Grants for Liberty of Conscience, and His Majesty's General Par­don to all who had rely'd on them, if all this would not secure me, but my be­lieving those things had caused me to err, and my Error must cause me to lose my Life, I had no more to say.

So the Judge sate down, and pronounced against me the sentence of Death, That I should be Drawn, Hanged, and Quartered, Disbowelled, my Intrals burnt, my Head cut off, my Body to be cut in four quarters, and my quarters to be at the King's disposal.

Which Sentence being pronounced, I bowed, and said aloud, Thanks be to God, God save the King; and I beseech God to bless your Lordship, and all this Honourable Bench.

The Judge replied, You have spoken very well, I do not intend you shall dye, at least not for the present, until I know the King's further pleasure.

I was not, I thank God for it, troubled with any disturbing thoughts either against the Judge for his Sentence, nor the Jury that gave in such a Verdict, nor against any of the Witnesses; For I was then of the same mind, as by God's grace I ever shall be, esteeming them all the best Friends to me in all they did or said that ever I had in my life, or ever shall have, except upon the like oc­casion. And I was, I thank God, so present with my self, whil'st the Judge pro­nounced the Sentence to deliver me to Death, that without any concern for any thing in this world, I did actually at the same time offer my self and the world to God.

After the Judge was gone from the Bench to the other end of the Hall, I stayed with the Keeper in the Hall, where several Protestant Gentlemen, and others, who had heard my Tryal, came to me, though Strangers, and told me how sorry they were for me. To whom, with thanks, I replied that I was troubled they should grieve for me, or my condition, who was joyful for it my self; for I told them I had professed this Faith and Religion all my life-time, which I was as sure to be true, as I was sure of the truth of God's Word on which it was grounded, and therefore in it I deposed my Soul, and Eternal Life and Happiness; and therefore should I fear to lose my temporal life for this Faith, whereon my Eternal life depends, I were worse than an In­fidel; and whosoever should prefer the life of their Bodies before their Faith, their Religion, or Conscience, they were worse than Heathens. For my own part I told them, I was as ready by God's grace to dye to morrow, as I had been to receive the Sentence of Death to day, and as willingly as if I had a Grant of the greatest Dukedom: So we sate talking half an hour, and I re­turned to the Prison, there to remain, as long as it pleased God and the King, whom God long preserve in all happiness.

There was another Objection which I forgot to put in, until I had finished the former Writing, and it was an Objection which the Judge was pleased to put against me himself, and it was that I had changed my name, and went in several places by several names.

To which I answered, the reason was, Because in Cromwel's time, in the great Troubles, our Family suffered much, my Father was imprisoned, and a Fellow-Prisoner with Sir Thomas Ashton, both confined together, which Sir Thomas is now one of His Majesties Admirals of the Fleet. And for my own part, I going Beyond Sea to Travel, I changed my name; and then coming into Eng­land again, before the King's Restauration, I was glad to conceal my self, and go by several names, as many others of the King's Loyal Subjects did, the bet­ter [Page 13] to be able to do His Majesty the best service I could, which, according to my small ability, I did endeavor both before and since the King came into England, like a dutiful Subject, and like the rest of our Family, who all endea­vored to serve His Majesty: For I have two Brothers served Him, the one a Voluntier at Sea in Sir William Reeve's Ship, which Sir William was killed in the last Engagement with the Dutch; and the other Brother had a Command under his Royal Highness the Duke of York at Land: therefore I hope the changing of my name on such an occasion as I did, could not be imputed as a guilt upon me, nor speak me other than a dutiful Subject; which I could have made further appear before the Bench, but I did not judge it convenient to say any more to the Judge there in publick. But before his Lordship went out of VVorcester, I presented him with a Petition, to acquaint his Lordship, that I having had the honour to kiss His Majesties Hand, before His Restaura­tion, in the Low-Countries; as also I have had the honour to be one of those whom His Majesty was pleased to grace with being entertained by us, His then best Subjects; His Majesty was pleased to make us a Gracious Promise, that when it should please God to restore Him to His Crown, we should not live so in Banishment as then we did. Of this in my Petition I did acquaint the Judge, and beseeched him that he would be pleased, by declaring this to the King, to endeavor to obtain some gracious Favor from His Majesty for me, my condition now being such, that I could never have greater need to be Partaker of His gracious Promise and Clemency.

The Judge promised me he would make an Address to His Majesty for me in this behalf, which whether he hath done or no, I wish some body may put him in mind to do it for me. I do not here mention the place where in par­ticular, nor the other persons to whom His Majesty made that Promise, but if you remember, you know I did tell you, with several other particular cir­cumstances, which I need not here make any further mention of.