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L. C. J. To how many?
she has been instructing her what to say; and Edwards. To four.
that they may be exainined asunder. Which L. C. J. You swear positively to four : did was granted.) they confess to him?
L. C. J. What discourse had you with the Edwards. Yes, I believe they did.
other woman? L. C. J. Did you ever see him since ?
Edwards. My lord, she told me that she had Edwards. No, my lord, I never saw him be- never in all her life been before a judge or justween that and this.
tice of peace ; and that she was afraid of comL.C. J. Did you ever receive the Sacrament ing before one, for she did not know how to before, and of whom?
behave herself. Edwards. Yes, I received several times : L. C. J. Did you tell her what she should the first time was of Mr. Duffres, next of Mr. say? Kemble, then of Mr. Rowenhill, Mr. Stan- Edwards. No, my lord. dish, Mr. Morgan, Mr. Trindal; I have re- L. C. J. What did you say to her? ceived from Mr. Draycot at Mr. Berrington's; Edwards. I told her, that she would hear ber I bave received at Mr. Blount's; but the last name called, and then she must answer : and I time was from Mr. Jennings at Mr. Wigmore's bid her have a care that she spoke what she house.
knew, and no more or less than the truth. Pris. My lord, I desire she may be asked L. C. J. Did she tell you what she could say? whether she came to Mrs. Monington's of her Edwards. She did. own accord, or was sent for physic?
L. C. J. What? Edwards. I was sent.
Edwards. That she lived at Mr. Somerset's, Pris. Did the man send you, or his wife? where Mr. Kerne usually was, and that several Edwards. The man.
people used to come thither, and go up stairs Pris. Have a care what you say, Harris's into the chamber; and she went wife is here to trepan you.
hearken, and she heard Mr. Kerne say someL. C. J. Give good words; you begin to trithing in Latin, which she said was mass. umph too soon. Woman, was it Harris or his Pris. Here is a material question to ask this wife sent you?
witness. I desire to know wherė this woman Edwards. It was Harris himself that desired
saw me first? me to go, because I might have more favour, Edwards. At Mr. Wigmore's of Lucton, as being a papist.
they told me it was him, for I did not know Pris. Where did that Harris live?
bis name. Edwards. At Leinpster.
Pris. I would know if the man she saw at Pris. I am satisfied, it was a mistake, I Mrs. Monington's, was the same person she thought it had been Harris of Lowton she had saw at Lucton ? meant.
Edwards. To the best of my knowledge it L. C. J. Will you ask her any thing else?
Pris. I desire to know the time when she Pris. I never was at Lucton in all my life. saw me at Mrs. Monington's ?
L. C. J. Call the other woman : you shall Edwards. It was in last May was twelve- now see how these women agree. month, the 29th day, to the best of my me- Cl. of Arr. Call Mary Jones. Crier, swear, mory.
her. (Which was done.) L. C. J. Do you take it to be certain, or do Pris. I desire they may be examined apart. you believe it only that it was that day?
L. C. J. Let the other woman go out. Edwards. My lord, I am certain it was that L. C. J. When was the first time you saw very day; for the woman died that day, and Margaret Edwards ? that day is writ on the grave-stone.
Jones. Yesterday, and again to-day. Pris. I desire to know of her whether she L. C. J. Did she tell you and instruct you was ever asked upon her oath, whether she was what you should say against the prisoner ? erer at Mrs. Monington's since that time? Jones. No, my lord.
Edwards. I was not there since, nor ever L. C. J. Did you tell her what you could say asked the question, to the best of my know- against him? ledge.
Jones. No. L. C. J. What a question is that?
L. C. J. Did not you tell her that
lived Pris. It is very remarkable, for she was asked at Mr. Somerset's, and that several people by a juryman last assizes, it was not upon the used to come Chither and go up stairs into the trial, but before the grand jury, and she denied chamber, and that once you went up to then that she was ever at Mrs. Monington's in hearken, and heard Mr. Kerne say mass ? her life.
Jones. She did say so to me, but I did not Edwards. I have been there above 20 times. / answer her any thing. Pris. Call Roger lyet.
L. C. J. Did she ask where you saw Mr. L. C. J. By and by your defence will be Kerne?-Jones. Yes. proper, in the mean time, what will you ask her L. C. J. Where, at Bollingham? more?
Jones. I did tell her that I saw him at Bolo' Pris, I desire to ask her what discourse she lingham, and that I heard him say somewhat had with Mary Jones, the other witness, for aloud, I think it was Latio,
L. C. J. How you answer : I asked you but
Pris. Was there no room between ? just now, whether you told her that you saw Jones. No, there was not. Mr. Kerne at Mr. Somerset's house, and that L. C. J. The woman speaks sensibly: if you went up to hearken, and heard him say you have done asking questions, you had best somewhat in Latin ? And you then said you call your witnesses.-Pris. Call Mr. Hyet. did not, and now you say you did.
L. C. J. Mr. Hyet, you cannot be sworn, Jones. She spoke to me first about it, and I but you must speak the truth as much as if you did but answer.
were : well, what can you say? L. C. J. What, did she ask you what you Hyet. I asked Margaret Edwards if she had could say against Mr. Kerne? -Jones. Yes. been at Mrs. Monington's ? sbe said she had :
L. C. J. And what did you tell her you I asked her if she knew Mr. Kerne? She could say?
said, she did not. Jones.' I told her, that one Sunday morning L. C. J. Was she upon her oath when you several people came tu Bollingham, out of the asked her this? town and out of the country, and went up after Hyet. No, my lord. him, and he said somewhat aloud that I did L. C. J. Have you any more witnesses ? not understand.
Pris. Call Mr. Weston's maid. L. C. J. Did you not tell Margaret Edwards
L. C. J. What can you say? that you heard him say mass ?
West, M. I saw those two women talking toJones. No, my lord.
gether, and that woman instructed the other L. C. J. Call Margaret Edwards again. what she should say. Margaret Edwards, Did Mary Jones tell you L.C. J. What say you to this? that she heard Mr. Kerne say Mass?
Edwards and Jones. My Lord, we did not. Edwards. Yes, my lord.
L. C. J. Look you, they both deny it on their L. C. J. Now, Mary Jones, what say you ? oaths. Did not you tell her i hat you heard the pri
L. C. J. How often between the first time soner say mass ?
and the 29th of May was twelvemooth, did you Jones. No, I am sure I did not : for I never see Mr. Kerne? heard the word before, nor do not know what Edwards. Twice or thrice in Weobly. it means.
L. C. J. What can you say for yourself? L. C. J. The one witness says she did not Pris. My Lord, I am very happy that I rename inass, for she did not understand what ceive
ту. trial before
your Lordship. it was; the other says she did; so they con- L.C.'J. Come, setting aside your apologies, tradict one another in that.
tell what you have to say; if you have any more L. C. J. Mary Jones, when did you see Mr. witnesses, call them. Kerne?
Pris. My Lord, here are several witnesses Jones, Seven or eight years ago.
who will prove that that woman was never at L, C. J. Where?
Mrs. Monington's. Jones. At Mr. Somerset's at Bollingham, be L. C. J. That is very improbable; but call lived there half a year.
whom you will. L. G. J. What did you see him du?
Pris. My Lord, here is Mrs. Monington, the Jones. One Sunday morning I was busy a person she pretends shewed her up, will swear washing the rooms, and I saw several people she never saw the woman in her life ; and upon follow him into the chamber.
my salvation I never saw either of them hefore. L. C. J. Did you see him do any thing? L. C. J. Mrs. Moningtun, the law will not Jones. No, I heard him say somewhat aloud allow you to be sworn, but I presume that a which I did not understand.
person of your quality will speak the truth, as L. C. J. How near were you to him ? much as if you were upon your oath. Do you Jones. There was only a wall between. know Margaret Edwards
L. C. J. Did you ever see him give a wafer, Mon, My Lord, I do not. marry, or christen?
L. C. J. Woman, tel! Mrs. Monington from Jones. No, my lord : there was a child chris- whom you came. tened in the house.
Edwards. I came from James Harris of L. C. J. Who christened it?
Lempster. Jones. I cannot tell : there was no one there L. C. J. Mrs. Monington, do you know but my master and mistress, Mr. Lachet and James Harris of Lempster? his wite, and Mr. Kerne : I was in the next Mon. My Lord, I do not. room, and I heard words spoken by the voice L. C. J. Do you remember that about May of Mr. Kerne.
was twelvemonth this woman came to you for L. C. J. What can you say more?
physic for a woman that was sick ? Jones. I washed a surplice.
Mon. A great many people come to me on L. C. J. Whose was it, the prisoner's? that errand, so that it is impossible for me to
Jones. I cannot tell, because I did not see it remember any particular person, on his back.
L. C. J. Did you ever take up that woman to Pris. How could you know a voice ? hear mass?
Jones. Very easily, there was but a wall be- Mon. That I am sure I did not, for I never tween.
took up any stranger in my life.
L. C. J. Did Mrs. Monington know you by L. C. J. That I will: I will tell the jury all face or by name?
I can remember on both sides ; I will not shed Edwards. I had been at the house several innocent blood, neither will I help the guilty; times, but this time I was carried up to Mrs. for I, by the duty of my place, am counsel for Monington by Mary Lewis her maid; Mrs. the prisoner in all things fit and legal. Monington told me that she was very glad that Pris. I desire the statute may be read. I was sent, for she said she would not give the L. C. J. Let it be read. What statute do man so just an account, because he was a inan. you mean, that of 27 Eliz, ?
L. C. J. Mrs. Monington, do you remember Pris. Yes, my Lord. [Then the statute was this?
read.] Mon. This is frequent.
Pris. Now, Gentlemen, I desire you to take Edwards. Then she told me that I must put into consideration, wheiber my blood shall be a plaister of diapalma to the woman's back, drawn by the evidence of a woman that says and give her a drink with malt with raisins, she saw give me a wafer; or on that evidence &c.
of the other, who says she heard me read she Mon. As for the plaister, it is possible I may knows not what through a wall: my lord, it is prescribe it, but the drink is no receipt of an oppression that statutes should be construed mine.
otherwise than they are intended. I hope, my Edwards. My Lord, the maid when I came Lord, that the statute will not take hold of a in was making a cheese in the dairy, and I man for saying mass, for many say masses that asked for Mrs. Monington, and she told me she are not in orders. was within, and straightway brought me up to L. C. J. It is one of the greatest evidences her : Mrs. Monington in a little time fell into to prove a man to be a priest that can be; for discourse with me about religion; and under- we cannot think of bringing witnesses who saw standing what I was, desired me to go into the you take orders: Do any say mass but priests? Is chamber with her.
it lawful for any one but a priest to say mąss ? L. C. J. What kind of chapel was it?
Pris. That of bread and wine they do not, Edwards. I will give an account of it as well but the other they do. as I can remember. When we came up stairs L. C. J. Do any bury or christen but priests? we turned in at a door on the right hand; the Pris. Yes they do in extremis; and, my lord, altar stood just before the door; it was richly I do acknowledge that I read prayers sometimes, adorned, the altar-cloth was white, and a fine and sometimes others did. And I desire your crucifix on the altar.
lordship and the jury will take notice, that I Mon. What were the cushions of?
have taken the oaths of Allegiance and SupreEdwards. As I remember they were needle- macy. work.
L. C. J. Is that all you have to say? L.C. J. What was the chapel adorned with? Pris. Yes, my lord.
Edwards. With abundance of pictures: I L. C. J. Then gentlemen of the jury, The think the window was on the left hand of the matter you are to try is, whether Charles aliar.
Kerne, the prisoner at the bar, be a popish Mon. She has failed in the first description, priest : An Englisliman I suppose he does not for we go not off the stairs into the chapel, as deny himself to be ; the question is then if he she says ; neither is it adoroed in the manner be a Romish priest ? If so he is guilty of highas she says it is, nor is there any needlework. treason by the statute of 27 Eliz. This was a Here is a maid that I deliver all my medicines law made for the preservation of the queen, to, that perhaps can give a better account whe- for the preservation of our religiou, and for the ther this woman were at my house, than I cau. preservation of all Protestants. The witnesses
L. C. J. Call the maid. You wait on Mrs. J are Margaret Edwards and Mary Jones. MarMonington : did you ever sce that woman? garet says, the first time that she saw the priMuid. No.
soner was at Mr. Wigmore's, who told her it L. C. J. I will shew you how you shall re- was Mr. Kerne; and she says that she hath seen member her; she came to Mrs. Monington on hin several times since; twice or thrice at the behalf of one Harris's wife, and asked if | Weobly, and the last time was the 29th of May she were within, and you carried her to your was twelvemonth, at Mrs. Monington's, where mistress.
she saw him deliver the wafer, which is the Edvards. My Lord, I was there several times sacrament, to four persons that were there, besides this, for I carried the child, Mr. Thomas but she herself did not receive it; and then she Monington, thither several times.
gives you an account of the reason of her comL. C. J. Do you remember this?
ing then to Mrs, Monington's, wbich was at the Mon. I do not remember that she ever request of one Harris, whose wife was sick, to brought the child to me, but another.
seek some remedy from Mrs. Movington for the Edwards. My Lord, I always lay with him, sick woman: She tells you how the maid and tended him, and carried him abroad. brought her up to her mistress, how she ac
L. C. J. If yoa have any thing more to say, quainted her with her errand, what advice Mrs. speak. What say you for yourself?
Monington gave her for the sick woman, and Pris. I bope your lordship will sum up the how that Mrs. Monington understanding wbat evidence,
religion she was of, took her into the chape!
whereof she gives you a description. It is that in times of straitness, persons that are very probable she may go on such an errand, not priests may read prayers, and so perhaps yet Mrs. Monington not know her, but Mrs. he may be then reading the collects. Monington cannot positively say, but believes But then again : She says there was a child she was never there : Mr. Kerne, I suppose, will christened in the house, and no one there but not deny but that he who gives the wafer is a Mr. Somerset and his wife, Mr. Lachet and his priest.
wife, and Mr. Kerne to do it: She did not see Pris. There is blessed bread which others him christen it, and it is true likewise what he may give.
says, that in their church they allow others, as L. C. J. When you give such bread, do you midwives, to christen in extremis; not obat he not say, Accipi Corpus Christi?
confesses he did christen. Pris. We use no such words. [But it appear- L. C. J. Call Mary Jones again. Mary ed, upon his own repeating of the Latin words Jones, was it a sickly child ? they used upon the giving the sacrament, that Jones. No, my lord. those were part of the words.]
L. C. J. Then that is answered: So that if L. C. J. The prisoner made an offer to prove you believe that he did christen the child, there some disagreement between the witnesses; it is are two witnesses against him: I must leave it true, they did differ in some small things, as the with you as a tender point on both sides; I saying the word mass, but from hence can no would not shed innocent blood, neither would great matter be inferred against the evidence; I willingly let a popish priest escape. There so here is one positive evidence.
is one positive witness, and if you believe upon There must indeed be two witnesses ; now the woman's hearing his voice, that he did say the question will be about the second woman's mass, or did christen, for I must confess she says testimony. She says she knew Mr. Kerne about she did not see him christen, then you must eight years ago, when she lived at Mr. Somer- find him guilty : So I leave it to you upon the set's, and that Mr. Kerne lived in the house whole watter. about half a year: She tells you that she hath seen several persons come thither; and amongst
The Jury returned, and were called over, the rest, she says, that one Sunday morning
William Barret, &c. several persons came thither; and went up Cl. of Arr. Jailor, set up Charles Kerne. with Mr. Kerne, and that she was so curious as Gentlemen, Are you agreed of your verdict ? to hearken, and did hear Mr. Kerne say some- Jury. Yes. thing in aa unknown tongue: Kerne objects Cl. Who shall say for you? that she could not know it was bis voice; but Jury. The Foreman. for that, I think men are easily distinguished Cl. Look upon the prisoner: What say you, by their voices ; but that I must leave to your is Charles Kerne guilty of the high-treason consideration.
whereof he stands indicted, or not guilty? But now the main question will be, what it Foreman. Not Guilty. was she heard him say? Mr. Kerne says,
255. The Trial of ANDREW BROMMICH, at Stafford Assizes, for High
Treason, being a Romish Priest : 31 CHARLES II. A. D. 1679. The Court being sat, they proceeded to the quainted his lordship, that since he had Trial thus.
impannelled the said jury, he had heard -
in the said county, THE Lord Chief Justice having the night be being then returned to serve on the said jury, fore charged the sheriff to return a good jury, had said in discourse with some of his fellows, and the court being sat, he enquired of him if that nothing was done against the popish priests he had observed his directions; the sheriff ac- above, and therefore he would do nothing
Published in 1679, under the following their own Authors. Mr. Stephen Dugdale, Order ; “. I do appoint Robert Pawlet to print one of the Grand Evidences of the Popish
the Trials of Andrew Brommich, William Plot, being there present. London, printed for • Atkins and Charles Kerne, and that no other John Amery, at the Peacock in Fleet-street,
person presume to print the same. WILLIAM 1679. • SCROGGS.'
“ Were there no other evidence of a Popish In the same year was also published : “ The Plot lately, I wish I could not say still carried Trial and Condemnation of two Popish Priests, on, for subverting the established government Andrew Brommich and William Atkins, for and religion of these kingdoms of Great BriHigh Treason, at Stafford Assizes, August 16, tain and Ireland, the only remaining bulwark 1679, with an Account of the Notable Equivo- of the Protestant interest throughout the cation of some Witnesses of the Romish Church world; The unusual resort and numerous there produced. And the Reason thereof from swarms of Jesuit priests, and other Romish lo
against them here, nor find them guilty; where | ving the words against him, his lordship disupon his lordship called for the said Allen and charged him of the jury, and committed him to one Randal Calclough, one of his fellow jury- prison till he found sureties for his good behamen, and another witness upon oath, who pro- viour; and likewise three more of the jury custs from their outlandish seminaries of Rome, pears for the present, not being full enough, Valladolid, Saint Omers, Doway and Rhemes according to the mercifulness of our English (those constant nurseries and for about 100 years laws, to proceed against them to a legal concontinued rendezvous of rebellion and treason, viction : though it is credibly reported and ever since Allen, afterwards a cardinal, laid the reasonably believed there will, before that time, first platform at Doway in the year 1568) that come in sufficient and demonstrable proof. have of late come into England; might be a “ The other two, viz. Andrew Brommich sufficient proof that they had some more than late of Perry-bar, and William Atkins of Wolordinary design in hand. For though by the verhampton in this county of Stafford (for the statute of the 27th Elizabeth, on most just and multitude of Papists roosting there, commonly necessary reasons, viz. Their disowning her called Little Roine) did now come to their trials. majesty's right to the crown, and justifying her The first was a young lusty brisk fellow, lately deposal by the Pope, and that all her subjects come from beyond the seas, and as he prewere discharged from their allegiance, and all tended (according to the usual arts of that tribe obedience to her, &c. It was made capital for who are never to seek for an excuse) a mer any of those seminarists to come into these chant heretofore in France and Portugal: which kingdoms; so that their first setting a step on may pass well enough under the favour of a English ground was by law High Treason, yet Catholic figure. For no doubt he had good such is their confidence, that well knowing the store of Roman commodities to vend amongst premises, they daily came over in great num- his silly Popish chapineu, as consecrated beads, bers, and as if they had a public indulgence, crucifixes, Agnus Dei's, pardons, indulgences, did not stick continually to pervert and seduce and such like trumpery, with not a little sedibis majesty's subjects to the idolatries and su- tion, rebellion and treason into the bargain. perstitions of the Romish Church. Yet had The first and most material witness to prove ihis been all and managed with any modest him a priest, was one Anne Robinson, who colourable pretence of conscience, it might about a year ago was a Papist, and then sepossibly have been borne with by our most gra. duced tn that religion by a wheedling priest, cious sovereign, the best and most merciful of who is since fled; but upon consideration of princes, without exacting the severity of those the horrid plot carried on by those of that relilaws; but when these very men so obnoxious gion, and the charitable pains of some Protesbefore to just punishment, have so far abused tant divines, she hath been reduced again to bis majesty's lenity and compassionate good the Church of England. The evidence she nature, as to contrive and vigorously promote gave against bim, was to this effect : horrid designs against his sacred life, and what “ That about Christmas last he said mass, is yet more dear to him, the true Protestant re- and she received the Eucharist or Sacrament ligion, as it is most apparent theylately have done, from him in a wafer, in a private Popish conit cannot but be thought high time to restrain venticle, six or seven being then in company; their insolence, by putting in execution those and before that time twice at one Mr. Purcel's, wholesome laws, which their continual trea- and twice at one Mr. Birch's. sonable practices have not only justified, but “ But inost observable it was, that there berendered absolutely necessary for the preserva- ing two others, known Papists, summoned in for tion of his life and crown.
evidence, and whom she swore positively to “In pursuance hereof, in such a juncture of have received the Sacrament, and heard him affairs, ihe honourable judges of assize bad par- say mass the same times with her; they notticular order to give in charge the strict prose- withstanding, according to the common princi. cution of all Jesuits and Popish priests that ples and practices of their fraudulent religion, might be discovered in their respective circuits; which teaches them to dispense with truth, or and it is wonderful, considering the subtle diso the most sacred oath, to save a priest from guises and caution of that sort of men, and the danger, did foully equivocate in their evidence, secrecy of their seduced followers, who as and denied that they knew him; but the constrictly conceal their priests, as those do their trary was proved upon them, and thereupon, confessions, that so many should be discovered. and other concurrent evidence and irrefragable
“ At the assizes of Stafford there were no circumstances, the jury was satisfied, and fewer than nine persons charged as Popish brought him in Guilty. priests, whereof two, viz. George Hopson and “ But lest any affronted Papist should say, Robert Peters, as being it is said obnoxious to or weak Protestant think, that I wrong the an indictment of another nature, are to be re- Popish Church in asserting, that they teach, moved to London, the writs for that purpose person may lawfully deny the truth, or affirm a being now in the sheriff's hands : five others lie, though upon oath, to secure one of their suspected on violent presumptions to be Jesuits, priests, I shall here orake it good from their are ordered to remain in custody till the next own approved authors, and then leave the inassizes ; the evidence against them that ap- different reader to judge what account is to be