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were discharged upon suspicion of being po- Crier. O'yes! If any one can inforin my pishly affected, his lordship commanding the lords the king's justices, the king's sergeant, the sheriff to return good men in their places; king's attorney, or this inquest now to be taken, which was accordingly done, and the jury sworn, of any treasons, murders, felonies, or other viz,

misdemeanors, committed or done by the priThomas Higgin, John Webb, Edward Ward, soner at the bar, let them come forth and they Thomas Marshall, John Beech, Randal Cal- shall be heard. clough, Richard Trindall, James Beckett, Wil- Cl. of Arr. Andrew Brommich, hold up thy liarn Smith, William Pioson, Daniel Buxton, hand. These good men that were lately called and Richard Cartwright.

and have now appeared, are those which must Cl. of Arr. Gaoler, set up Andrew Brown- pass between our sovereign lord the king and mich to the bar : Crier, make proclamation. you upon your life or death: If you will chalmade of these mens' perjury, or the late impu- . Respondetur quod jure possum respondere, dent lies of the novices from St. Omers against Nescio ; quia jure intelligitur, nescio, ut diDr. Oates's testimony. Our first proof shall 'cam ; aut nescio eo inodo quo jure debeam be taken from no less than a whole Popish dicere :'• I affirm, that I may rightly answer, college, viz that of Rhemes, who in their an- that I know nothing thereof, that is, I know it notations on their English translation of the not to declare it; or I know it not in such a New Testament, upon Acts 23, verse 12, lay manner, as by law I ought to utter the same.' down this doctrine in these express words; If “ An hundred such instances might be given 6thou be put to an oath to accuse Catholics for from their own approved pens; and who can • serving God as they ought to do, or to utter think but the private instructions of their little 6 any innocent man to God's enemies, and his, | Father-Confessurs are agreeable to these rules • thou oughtest first to refuse such unlawful of their great doctors; and therefore it is no

oaths : but if thou have not constancy and wonder if these two well disciplined papists de ' courage so to do, yet know thou, that such nied upon their oaths, that they knew this their • oaths bind not at all in conscience and law of ghostly Father Mr. Brommich, that is they did • God, but may, and must be broken under pain not know birn in their sense to be guilty of of damnationi,

treason, or to have taken orders at Jerusalem, “ Secondly, in shew you how you shall shift or any thing else that they should please to have and deny the truth in such cases, I shall cite reserved in their fallacious miods. As for the another document of theirs, in a book entitled, other person indicted, Mr. Alkyos, the evidence "A Treatise tending to Pacification, printed was very full and home that they heard him say permissu superiorum, in the year 1607; and mass and prayers in an unknown tongue, that said to be written by their famous Jesuir, Par- they saw him administer the sacrament in a sons. Page 426, he thus instructs his Catho- wafer after the manner of the church of Rome; lics ; 'Our doctors say and maintain, that when and one of the witnesses swore direcily, that he ! the judge is not lawful (so with them is every himself had been at confession with him, and • Protestant judge, especially when he meddles received absolution from him ; so that he was with their priests) or that he inquireth of secrets likewise brought in guilty: and the court prowhich appertain not to his jurisdiction, then any ceeded to pronounce sentence of death against • witness may refuse to answer, yea, though he them, according to law. But by order, their

hath first sworn to answer directly, may use a execution is respited, till bis majesty be furtber • jesuge, that is to say, be may deny all in form, informed, and shall declare his gracious pleasure 6 or use doubtful or equivocal words, and other therein. • such manner of ordinary evasions, which if “ There were likewise these assizes, tried

they prevail not, then he may deny and say, one Mr. Kerne, a semninary priest at Hereford, "Nihil scio, nibil vidi, nihil audivi,' I know and one William Jones of the same quality at • nothing of the matter, I have seen nothing, I Monmouth. But against each of these there

have heard nothing, reserving (Pray observe being but one positive witness, as to saying . the horrid cheat, how to baulk an oath, and mass in their vestments, administering the sa

stifle conscience in a Roman Catholic way) crament, &c, and the rest of the evidence only • in his mind the other part (of the intended circumstancial, neither of them were brought in

equivocating sentence) that he knoweth no- guilty. • thing, hath seen nothing, nor heard nothing “And hereby the whole world may take no

within that unjust examination he is bound to tice of, and admire the clemency of his majesty, 6 answer.'

the tenderness of his laws, and be mode“ The same author, p. 435, asserting and jus- ration of bis Protestant subjects; and how tifying the use of equivocation, recites with ap- little reason papists at home, or their brethren probation this case, put by one Sotus, one of abroad, have to complain of any hardship used their Popish doctors : If,' saith he, “I having towards them in England, when after such oh • seen Peter kill John, and being afterwards stinacy in repeated treasons, and contempt of * examined upon the same unjustly,' (and we bis majesty's proclamations, commanding them guess bow far that will extend in a Catholic away, and the unparalleled provocation of their sense) whether I may say I know nothing conspiracy, yet still they are proceeded against

thereof? To which he giveth this answer; with all kind of equity, and allowed the utmost lenge any of them you must speak as they come Cl. of Arr. Crier call Ann Robinson. (Who to the book to be sworn, and before they be was sworn.) sworn.

L. C. J. (Sir William Scroggs.) Ano Ro. The Prisoner challenging none, the Jury was

binson, what
can you say against

Andrew Brom

mich? sworu, ut ante,

A. Rob. My lord, I can say that I received Cl. of Art. Gentlemen of the jury, look upon the sacrament of bim according to the church the prisoner and hearken to his cause. You of Rome in a wafer. shall understand that he stands indicted by the

L. C. J. When? How long ago ? name of Andrew Brommich, late of Perry Barr A. Rob. About Christmas last. in the county of Stafford gent. for that he being L. C. J. What company was there? how born within the kingdom of England, the many were there in company?" thirteenth day of January, in the thirtieth A. Rob. My lord, I cannot positively tell year of the reign of our sovereign lord king how many, but I believe there were about Charles 2, by the grace of God, of England, seven or eight. Scotland, France, and Ireland king, defender of L. C. J. Did they all receive at the same the faith, &c. then being a seminary priest time? made, professed and ordained by the autho. A. Rob. Yes, my lord, they did all receive at rity and jurisdiction challenged, pretended and that time. derived from the see of Rome, the said thir- L, C. J. Are you a papist? teenth day of January in the year aforesaid, A. Rob. No, my lord. within this kingdom of England, viz. At Perry L. C. J. How long were you a papist ? Barr aforesaid, in the county aforesaid, traiter

A. Rob. Several years. ously did come, was and did remain, against L. C. J. Who first seduced you? the form of the statute in that case made and A. Rob. My lord, I cannot tell his name. provided, and against the peace of our sove- L. C. J. Did you ever receive the sacrament reign lord the king, his crown and dignity. according to their way, of Mr. Brommich, before

Upon this indictment he hath heen arraigned the time you speak of? and hath pleaded thereunto Not Guilty,and for

A. Rob. Yes. his trial bath put himself upon God and his L. C. J. How often? country, which country you are : your charge A. Rob. Four times, my lord ; twice at Mr. is to enquire whether he be Guilty of the high- Birch's and twice at Mr. Pursal's. treason whereof he stands indicted, or Not L. C. J. How came you to give her the saGuilty: if you find him Guilty, you are to en- crament? [to the Prisoner.) quire what lands, goods, or tenements he Pris. My lord, I never did. had at the time of the treason committed, L. C. J. Why, she has sworn you gave it her or at any time since : if you find bim several times, once in particular at Christmas Not Guilty, you are to enquire whether last, and four times more, twice at Mr. Birch's, he did sly for the same, and what lands, and twice at Mr. Pursal's. goods or tenements he had at the same time of Pris. My lord, I cannot help it. I desire such flight, or at any time since; if you find him your lord hip will take notice of one thing, that I Not Guilty, nor that he did fly for the same, have taken the oaths of Allegiance and Supreyou are to say so and no more, and hear your macy, and have not refused any thing which evidence.

might testify my loyalty.

L. C. J. That will not serve your turu, you privileges of law; and even those that happen priests have tricks to evade that, to be convicted, oft-times after condemnation Pris. Besides, my lord, I never absconded. enjoy their lives, by the mercy of that prince L. C. J. You never absconded? what is that whom their merciless faction would of late so to giving the woman the sacrament several · inpiously and ungratefully have murdered. times ?

* What rigours and severities would other na- Pris. My lord, I desire she may prove it. tions, and the Roman Catholics beyond the L. C. J. She does so. seas, have exercised upon such an occasion ? Pris. My lord, I humbly conceive it was no Had the poor French hugonots, after all the sacrament unless I were a priest. infringements of their liberties, and daily op- L. C. J. What an argument is that? You pressions, happened thus to have violated their expect we should prove you a priest by witloyalty, they must not have expected the for. nesses which saw you take orders; but we know malities of law to convict them; nor the pa- 50 much of your religion, that none undertake tience of authority to hear them, nor the indul- to give the sacrament in a safer, or say mass, gence of majesty to reprieve them. A general but a priest; and you gave the sacrament to massacre, promiscuous destruction, and exqui- that woman in a wafer, therefore you are a site tortures had been the least they could have priest. hoped for from the incensed rabble, and their Cl. of Arr. Crier, call another witness ; barbarous tyrannic hands, who have formerly swear Jeoffrey Robinson. in a base perfidious manner, slaughtered so L. C. J. What can you say to Mr. Brominany thousands of them, without the least pre- mich? tence either of justice or provocation."

Jeof. Rob. I can say nothing against him. VOL. YII.

3 A

L. C. J. Did you ever hear him say mass? come out; he hath confessed and owned he re

Jeof. Rob. I cannot tell, I have heard bim say ceived the sacrament at Pursal's with ber. We something in an unknown tongue; but I know cannot expect more positive evidence frow not what it was.

such people. Come read the statute. L C. J. Was it Latin that he said?

Anno 27 Eliz, cap. 2.*
Jeof. Rob. I cannot tell: I am no scholar.
L. C. J. Had he a surplice on?

“Whereas divers persons, called or professed Jeof. Rob. Yes, my lord, he had.

Jesuits, seminary priests, and other priests, 1. C. J. Robinson, are you a Popist? which have been, and from time to tiine are Jeof. Rob. Yes, my lord.

inade in the parts beyond the seas, by or acL. C. J. I thought so, it is so hard to get the cording to the order and rites of the Romish truth out of you.

church, have of late comen and been sent, and Cl. of Art. Crier, swear Jane Robinson. daily do come and are sent into this realm of

L. Č. J. Come, what can you say? Did you England, and other the queen's majesty's doever see Brommich give the sacrament? minions, of purpose (as it bath appeared) as June Rob. Not to my knowledge.

well by sundry of their own examinations and L. C. J. Did you ever hear him say mass? confessions, as divers other manifest means and

Jane Rob. I never saw him do any thing; proofs, not only to withdraw her highness's for I only went up and said my prayers, I took subjects from their due obedience to her mano notice of any thing.

jesty, but also to stir up and move sedition, L. C. J. Did not you see Brommich there? rebellion and open hostility within the same her Jane Rob. I cannot iell.

highness's realms and dominions, to the great L. C. J. Why, don't you know him? endangering of the safety of her most royal perJune Rob. No, my lord.

son, and to the utter ruin, desolation and over. L. C. J. Your busband knows him. You throw of the whole realm, if the same be not Jeoffrey Robinson, do not you know Mr. the sooner by some good means foreseen and Brommich?

prevented. Jeuf. Rob. Not I, my lord.

“ For reformation whereof be it ordained, esL. C. J. That is righų like a papist. Did tablished and enacted by the Queen's most exyou not but just now say you 'heard him say cellent majesty, and the Lords spiritual and tem. something in an unknown tongue, and saw bini poral, and the Cominons in this present Parliain a surplice, and yet now you do not know ment assembled, and by the authority of the him? you have no more conscience than what same Parliament, That all and every Jesuits, your priests allow you. But though your seminary priests, and other priests whatsoever, priests can persuade you to take false oaths, I made or ordained out of the realm of England, would not have you think they can protect or other her highnesses dominions, or within you from the punishment due to them here or any of her majesty's realms or dominions, by hereafter.

any authority, power or jurisdiction, derived, An. Rob. My lord, they both took the sa- challenged, or pretended from the See of Rome crament with me at the same time from bim. since the feast of the nativity of St. Jobo

L. C. J. Look you there, was ever the like Baptist, in the first year of her highnesses reign, impudence seen? Come friend, consider you shall within forty days next after the end of this are upon your oath, and do not bring yourself present session of parliament depart out of this into the snare of a pillory. Come Robinson, I realm of England, and out of all other her highI ask you by the oath you have taken, did you nesses realms and dominions, if the wird, ever receive the sacrament with Ann Robinson weather, and passage shall serve for the same, or at the time she speaks of at Mr. Pursal's? else so soon after the end of the said forty days Jeof. Rob. Yes, my lord.

as the wind, weather and passage shall so L. C.J. How hard the truth is to be gotten serve. out of you! But within this country, which “ And be it further enacted by the authority abounds so with pricsts and swarms with aforesaid, That it shall not be lawful to, or for papists, that you get popery here like the itch; any Jesuit, seminary priest, or other such if they but rub upon you, you catch it. priest, deacon, or religious, or ecclesiastical

Jane Rob. My lord, be is a weak man.
L. C. J. Who gave it you?

person whatsoever,being born within this realın,

or any other her higlinesses doininions, and Jeof. Rob. I do not know,

heretofore since the said feast of the nativity L. C. J. He will say no more than his wife of St. John Baptist in the first year of her naand the priest will give him leave.

jesty's reign made, ordained or professed or L. C. I. Look you gentlemen of the jary, here are two papists that are witnesses; you This statute, says Mr. East, seems to be are to consider how far they tell the truth, and provisiovally repealed by the 4th sec. of the how far they conceal it, how they tell their stat, 31 Geo. 3. c. 32. in respect of such as take tale so as to serve a turn : For here you see the the oath of allegiance, abjuration, and declaraman said at first he heard him say somewhat in tion therein mentioned. Mr. Burke observes an unknowo tongue, and that he saw him in a with great severity upon this statute in his most surplice; after that he denies he knows him, eloquent speeeh delivered at Bristol in the year but now you see by this womm the truth is 1780.

hereafter to be made, ordained or professed by Brommich be a popish priest or not: To prove any authority or jurisdiction derived, challenged that he is, here is a woman, one Ann Robinson, or pretended from the See of Rome, by, or of that swears she received the Sacrament of him what name, title or degree soever the same in a wafer once at Christinas last, and twice at shall be called or knowo, to come into, be or Mr. Birch's, and twice at Mr. Pursal's, and that remain in any part of this realm or any other he gave it to several others at the same time, her highnesses dominions, after the end of the There needs not much to persuade you that he same forty days, other than in such special who gives the Sacrament is a priest, for in their cases, and upon such special occasions only, church they allow no one but a priest to give and for such time only as is expressed in this the Sacrament, so there is one express evidence act. And if he do, that then every such of against him. And now I must satisfy you in fence shall be taken and adjudged to be High one thing, that you are to give a verdict not Treason, and every person so offending shall that he is a priest, but that you believe him in for bis offence be adjudged a traitor, and shall your couscience upon the whole evidence to be suffer loss, and forfeit as in case of High Trea- a priest. To make you do this, here is one son.

positive evidence. “And every person which after the end of the The other man, when I came to examine him same forty days, and after such time of depar- whether he ever heard the prisoners say Mass; ture, as is before limited and appointed, shall he answered, that he heard hitn say something wittingly and willingly receive, relieve, confort, in an unknown tongue, and that he was in a aid or maintain any such Jesuit, seminary priest, surplice. This is as much as we could expect or other priest, deacon or religious, or ecclesi- from one of their own religion, who dare say astical person as is aforesaid, being at liberty, no more than their priests will give them leave or out of bold, knowing himn to be a jesuit, se to do. So gentlemen I must leave it to you, ininary priest, or other such priest, deacon or whether or know you will not believe the tesreligious, or ecclesiastical person as is aforesaid, timony of this real positive witness, and the shall also for such offence be adjudged a circumstantial evidence of the other man: For felon without benefit of clergy, and suffer death, you sce in what dangers we are; I leave it upon Joss, and forfeit, as in case of one attainted of your consciences, whether you will let priests felony."

escape, who are the very pests and dangers of

Church and State ; you had better be rid of L. C. J. Come, what have you more to say? | Die priest than three felons ; so gentlemen, I

Pris. I desire that there may be votice taken leave it to you. what Robinson and his wife said upon their ex- The jury having scaid some time, returned to aminations before the justice of peace. the court to give their verdict.

L. C. J. We are to take notice only of what Cl. of Arr. Gentlemen of the jury, have you they say here.

agreed on your verdict ? Pris. My lord, they said here they did not know me.

Cl. of Arr. Who shall say it for you? L. C. J. No: Did not Robinson say he Jury. The foreman. heard you say something in an unknown tongue ; Cl. of Arr. Gaoler, set up Andrew Bromthat he then saw you in a surplice? Did we mich to the bar. talk of any one but you ? Come Jesuit, with Gentlemen, do you find Andrew Brommich your learning, you shall not think to baffle us ; Guilty of the High Treason he hath been arI have of late had occasion to converse with ralyned of, or Not Guilty ? your most learned priests, and never yet saw Jury Guilty. one that had either learning or honesty.

L. C. J Gentlemen, you have found a good L. C. J. Have you any witnesses? Have verdict, and it I bad been one of you, I should you any more to say ? - Pris. No.

have found the saine oyself. L. C. J. Then gentlemen of the jury, the Afterwards he received the usual sentence as question you are to try, is, whether Andrew in High Treason.

Jury. Yes.

256. The Trial of William ATKINS, at Stafford Assizes, for High

Treason, being a Romish Priest : 31 CHARLES II. A. D. 1679. Cl. of Arr. GAOLER, set up William Atkins 5th day of December, in the 30th year of the to the bar : Crier, make proclamation. reign of our sovereign lord king Charles the The Jury were called and sworn.

2nd, by the grace of God, of England, Scot

land, France and Ireland king, defender of the Cl. of Arr. Gentlemen of the jury, look on faith, &c. Then being a seminary priest, male, the prisoner and hearken to his cause. You professed, and ordained by the autority and shali onderstand that he stands indicted by the jurisdiction challeng-d, pretended, and derived Dame of William Atkins, late of Wolverhamp- from the See of Rome; the said fifth day of top in the county of Staford, gent. for that he December in the year aforesaid, within this being born within the kingdom of England, the kingdom of Eogland, viz. at Wolverhampton aforesaid in the county aforesaid, traiterously should know. [The prisoner being told, he redid come, was, and did remain, against the plied, he knew not the witness.] form of the statute in that case made and pro- Cl. of Arr. Swear John Jarvis. vided; and against the peace of our sovereign Crier. My lord, he refuseth to be sworn. lord the king, his crown and dignity.

L. C. J. Jarvis, why will you not be sworn ? Upon this indictment he hath been arraigoed, Jurvis. My lord, I was troubled with a vision and thereunto pleaded Not Guilty; and for his the last night. trial he hath put himself upon God and his L. C. J. You mistake, friend, old men country, which country you are. Your charge dream dreams, it is young men see visions, and is, to enquire whether he be Guilty of the high- you are an old mau : speak the truth, and I treason whereof he stands indicted, or Not will warrant you, you will not be troubled Guilty : if you find him Guilty, you are to with visions any more; this is a trick of the çnquire what lands, goods or tenements be had priests. Swear him, Crier. [Which was done.] at the time of the high-treason committed, or L. C. J. Come, Jarvis, what can you say? at any time since; if you find him Not Guilty, Jarvis. My lord, he is a man that hath re. you are to enquire whether he did Äly for the lieved me and my children oftentimes when I şaine; if you find he did Ay for the same, you was in want. are to enquire what lands, goods or tenemeșts L. C. J. Did you ever hear bim say mass? he had at the time of such flight, or at any time Jarvis. My lord, I am an ignorant man; I since; if you find him Not Guilty, nor that cannot tell; I have heard him say somewhat in he did fly for the same, you are to say so and no an unknown tongue more and hear your evidence.

L. C. J. Did you ever confess to him? Cl. of Arr. Crier, call the witnesses; call Jarvis. Yes, my lord, I did. William Jackson, Francis Wilden, Jo. Jarvis, L. C. J. Did you ever receive the Sacra&c. Swear Jackson. [Which was done.] ment of bim according to the manner of the

L. C. J. Come, friend, what can you say Church of Roine ? concerning Atkins the prisoner being a priest ? Jurvis. Yes, my lord, I have; I must speak

Jackson. My lord, I can say nothing at all, I the truth, was there when he was apprehended, and L. C. J. How often ? bound over to prosecute him.

Jarvis. A great many times.

L. C. J. And bad he not his priest's babit on Cl. of Arr. Crier, Swear Francis Wilden.

when he gave it you? [Which was done.)

Jarvis. Yes, my lord, be had. L. C. J. What can you say concerning At- Cl. of Arr. Crier, call Joan Wright. (Who kins being a priest?

was called, but did not appear.] Wilden. My lord, I have seen him at prayers. Call Henry Brown. [Who appeared and was L. C. J. Was he in a surplice then? sworn.] Wilden. Yes, my lord.

L. C. J. Come, Mr. Brown, what can you L. C. J. Did you ever hear him say mass ? say against the prisoner? Did you ever receive Wilden. I cannot tell.

the Sacrament of him, or hear him say mass ? L. C. J. In what language were his prayers ? Brown. My lord, I was almost turned from Wilden. In an unknown tongue.

the Protestant religion to that of the Church of L. C. J. Were they in Latin?

Rome; but I never went further than con, Wilden. I cannot tell, my lord; I am not a fession, and that was to this man, and then I scholar good enough to know.

left them. L. C. J. Are you a papist ?

L. C. J. Indeed you were the wiser. Wilden. I have been a Protestant since Cl. of Arr. Crier, call Tho. Dudley. (Who Christmas.

was sworn.] L. C. J. It is the principle of a Protestant L. C. J. What can you say against the prito tell downright truth, and the principle of a papist is to equivocate ; come speak truth, and Dudley. I was a little given that way, and your conscience will be lighter : did you ever have been at confession with one Atkins, and see Atkins deliver the Sacrament in a wafer, have seen him perforny several rites of the according to the manner and way of the Church Church of Rome, at Well-bead, at Ham. of Rome?

L C. J. Do you believe this to be the man? Wilden. My lord, I never received it of Dudley. Yes, my lord, I do. him myself, but I have seen him give it to L. C. I. Have you any more to say ? others.

Dudley. No, my lord. L. C. J. Where?

L. C. J. Read the statute. [Which was Wilden. At Mrs. Stanford's, at Wolver- done.] Have you witnesses, Atkins, or any hampton.

thing to say for yourself? L.C.J. To how many?

Pris. No, my lord. Wilden. To seven or eight at a time.

L. C. J. Lock you gentlemen of the jury, L. C. J. Was be in a surplice then? Here is as full and as positive an evidence as Wilden. Yes, my lord,

can be against the prisoner : the two first witL. C. J. I do not know whether the prisoner nesses, Wilden and Jarvis, are positive. Wilden can hear what the witness says; it is fit he swears he heard him say, his prayers in an uns

soner?

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