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