were discharged upon suspicion of being popishly affected, his lordship commanding the sheriff to return good men in their places; which was accordingly done, and the jury sworn, viz, Thomas Higgin, John Webb, Edward Ward, Thomas Marshall, John Beech, Randal Calclough, Richard Trindall, James Beckett, William Smith, William Pinson, Daniel Buxton, and Richard Cartwright. Cl. of Arr. Gaoler, set up Andrew Broinmich to the bar: Crier, make proclamation. Crier. O yes! If any one can inform my lords the king's justices, the king's sergeant, the king's attorney, or this inquest now to be taken, of any treasons, murders, felonies, or other misdemeanors, committed or done by the prisoner at the bar, let them come forth and they shall be heard. Cl. of Arr. Andrew Brommich, hold up thy hand. These good men that were lately called and have now appeared, are those which must pass between our sovereign lord the king and you upon your life or death: If you will chal Respondetur quod jure possum respondere, Nescio; quia jure intelligitur, nescio, ut dicam; aut nescio eo modo quo jure debeam dicere:'I affirm, that I may rightly answer, 'that I know nothing thereof, that is, I know it 'not to declare it; or I know it not in such a made of these mens' perjury, or the late impudent lies of the novices from St. Omers against Dr. Oates's testimony. Our first proof shall be taken from no less than a whole Popish college, viz that of Rhemes, who in their an-, notations on their English translation of the New Testament, upon Acts 23, verse 12, laymanner, as by law I ought to utter the same.' down this doctrine in these express words; If 'thou be put to an oath to accuse Catholics for 'serving God as they ought to do, or to utter any innocent man to God's enemies, and his, ⚫thou oughtest first to refuse such unlawful oaths: but if thou have not constancy and courage so to do, yet know thou, that such oaths bind not at all in conscience and law of 'God, but may, and must be broken under pain ' of damnation.' "An hundred such instances might be given from their own approved pens; and who can think but the private instructions of their little Father-Confessors are agreeable to these rules of their great doctors; and therefore it is no wonder if these two well disciplined papists denied upon their oaths, that they knew this their ghostly Father Mr. Brommich, that is they did not know him in their sense to be guilty of treason, or to have taken orders at Jerusalem, or any thing else that they should please to have reserved in their fallacious minds. As for the other person indicted, Mr. Atkyns, the evidence was very full and home that they heard him say mass and prayers in an unknown tongue, that they saw him administer the sacrament in a and one of the witnesses swore directly, that he himself had been at confession with him, and received absolution from him; so that he was likewise brought in guilty: and the court proceeded to pronounce sentence of death against them, according to law. But by order, their execution is respited, till his majesty be further informed, and shall declare his gracious pleasure therein. "Secondly, to shew you how you shall shift and deny the truth in such cases, I shall cite another document of theirs, in a book entitled, 'A Treatise tending to Pacification,' printed permissu superiorum, in the year 1607; and said to be written by their famous Jesuit, Parsons. Page 426, he thus instructs his Catho-wafer after the manner of the church of Rome; lics; Our doctors say and maintain, that when the judge is not lawful [so with them is every Protestant judge, especially when be meddles with their priests] or that he inquireth of secrets 'which appertain not to his jurisdiction,then any ' witness may refuse to answer, yea, though he hath first sworn to answer directly, may use a refuge, that is to say, he may deny all in form, or use doubtful or equivocal words, and other 'such manner of ordinary evasions, which if they prevail not, then he may deny and say, Nihil scio, nibil vidi, nihil audivi,' I know nothing of the matter, I have seen nothing, I have heard nothing, reserving [Pray observe 'the horrid cheat, how to baulk an oath, and 'stifle conscience in a Roman Catholic way] in his mind the other part (of the intended 'equivocating sentence) that he knoweth nothing, hath seen nothing, nor heard nothing ← within that unjust examination he is bound to ' answer.' "There were likewise these assizes, tried one Mr. Kerne, a seminary priest at Hereford, and one William Jones of the same quality at Monmouth. But against each of these there being but one positive witness, as to saying mass in their vestments, administering the sacrament, &c. and the rest of the evidence only circumstancial, neither of them were brought in guilty. "And hereby the whole world may take notice of, and admire the clemency of his majesty, the tenderness of his laws, and the mode"The same author, p. 435, asserting and jus-ration of his Protestant subjects; and how tifying the use of equivocation, recites with approbation this case, put by one Sotus, one of their Popish doctors: If, saith he, 'I having 'seen Peter kill John, and being afterwards examined upon the same unjustly,' (and we guess how far that will extend in a Catholic sense) whether I may say I know nothing thereof?' To which he giveth this answer; little reason papists at home, or their brethren abroad, have to complain of any hardship used towards them in England, when after such obstinacy in repeated treasons, and contempt of his majesty's proclamations, commanding them away, and the unparalleled provocation of their conspiracy, yet still they are proceeded against with all kind of equity, and allowed the utmost lenge any of them you must speak as they come to the book to be sworn, and before they be sworn. The Prisoner challenging none, the Jury was sworn, ut ante. Cl.of Arr. Gentlemen of the jury, look upon the prisoner and hearken to his cause. You shall understand that he stands indicted by the name of Andrew Brommich, late of Perry Barr in the county of Stafford gent. for that he being born within the kingdom of England, the thirteenth day of January, in the thirtieth year of the reign of our sovereign lord king Charles 2, by the grace of God, of England, Scotland, France, and Ireland king, defender of the faith, &c. then being a seminary priest made, professed and ordained by the authority and jurisdiction challenged, pretended and derived from the see of Rome, the said thirteenth day of January in the year aforesaid, within this kingdom of England, viz. At Perry Barr aforesaid, in the county aforesaid, traiterously did come, was and did remain, against the form of the statute in that case made and provided, and against the peace of our sovereign lord the king, his crown and dignity. Upon this indictment he hath been arraigned and hath pleaded thereunto Not Guilty,and for his trial hath put himself upon God and his country, which country you are: your charge is to enquire whether he be Guilty of the hightreason whereof he stands indicted, or Not Guilty: if you find him Guilty, you are to enquire what lands, goods, or tenements he had at the time of the treason committed, or at any time since : if you find him Not Guilty, you are to enquire whether he did fly for the same, and what lands, goods or tenements he had at the same time of such flight, or at any time since; if you find him Not Guilty, nor that he did fly for the same, you are to say so and no more, and hear your evidence. privileges of law; and even those that happen to be convicted, oft-times after condemnation enjoy their lives, by the mercy of that prince whom their merciless faction would of late so impiously and ungratefully have murdered. "What rigours and severities would other nations, and the Roman Catholics beyond the seas, have exercised upon such an occasion? Had the poor French hugonots, after all the infringements of their liberties, and daily oppressions, happened thus to have violated their loyalty, they must not have expected the formalities of law to convict them; nor the patience of authority to hear them, nor the indulgence of majesty to reprieve them. A general massacre, promiscuous destruction, and exquisite tortures had been the least they could have hoped for from the incensed rabble, and their barbarous tyrannic hands, who have formerly in a base perfidious manner, slaughtered so many thousands of them, without the least pretence either of justice or provocation." VOL, VII, A. Rob. My lord, I can say that I received the sacrament of him according to the church of Rome in a wafer. L. C. J. When? How long ago? L. C. J. What company was there? how many were there in company?" A. Rob. My lord, I cannot positively tell how many, but I believe there were about seven or eight. L. C. J. Did they all receive at the same time? A. Rob. Yes, my lord, they did all receive at that time. L. C. J. Are you a papist? A. Rob. No, my lord. L. C. J. How long were you a papist? L. C. J. Who first seduced you? A. Rob. My lord, I cannot tell his name. L. C. J. Did you ever receive the sacrament according to their way, of Mr. Brommich, before the time you speak of? A. Rob. Yes. L. C. J. How often? A. Rob. Four times, my lord; twice at Mr. Birch's and twice at Mr. Pursal's. L. C. J. How came you to give her the sacrament? [to the Prisoner.] Pris. My lord, I never did. L. C. J. Why, she has sworn you gave it her several times, once in particular at Christmas last, and four times more, twice at Mr. Birch's, and twice at Mr. Pursal's. Pris. My lord, I cannot help it. I desire your lord hip will take notice of one thing, that I have taken the oaths of Allegiance and Supremacy, and have not refused any thing which might testify my loyalty. L. C. J. That will not serve your turn, you priests have tricks to evade that, Pris. Besides, my lord, I never absconded. L. C. J. You never absconded? what is that to giving the woman the sacrament several times? Pris. My lord, I desire she may prove it. Pris. My lord, I humbly conceive it was no sacrament unless I were a priest. L. C. J. What an argument is that? You expect we should prove you a priest by witnesses which saw you take orders; but we know so much of your religion, that none undertake to give the sacrament in a wafer, or say mass, but a priest; and you gave the sacrament to that woman in a wafer, therefore you are a priest. Cl. of Arr. Crier, call another witness; swear Jeoffrey Robinson. L. C. J. What can you say to Mr. Brommich? Jeof. Rob. I can say nothing against him. L. C. J. Did you ever hear him say mass? Jeof. Rob. I cannot tell, I have heard him say something in an unknown tongue; but I know not what it was. L. C. J. Was it Latin that he said? L. C. J. I thought so, it is so hard to get the truth out of you. Cl. of Arr. Crier, swear Jane Robinson. L. Č. J. Come, what can you say? Did you ever see Brommich give the sacrament? Jane Rob. Not to my knowledge. L. C. J. Did you ever hear him say mass? Jane Rob. I never saw him do any thing; for I only went up and said my prayers, I took no notice of any thing. L. C. J. Did not you see Brommich there? L. C. J. Why, don't you know him? L. C. J. Your husband knows him. Jeof. Rob. Not I, my lord. You Mr. L. C. J. That is right like a papist. Did you not but just now say you heard him say something in an unknown tongue, and saw hini in a surplice, and yet now you do not know him? you have no more conscience than what your priests allow you. But though your priests can persuade you to take false oaths, I would not have you think they can protect you from the punishment due to them here or hereafter. An. Rob. My lord, they both took the sacrament with me at the same time from him. L. C. J. Look you there, was ever the like impudence seen? Come friend, consider you are upon your oath, and do not bring yourself into the snare of a pillory. Come Robinson, I ask you by the oath you have taken, did you ever receive the sacrament with Ann Robinson at the time she speaks of at Mr. Pursal's? Jenf. Rob. Yes, my lord. L. C. J. How hard the truth is to be gotten out of you! But within this country, which abounds so with priests and swarms with papists, that you get popery here like the itch; if they but rub upon you, you catch it. Jane Rob. My lord, he is a weak man. L. C. J. He will say no more than his wife and the priest will give him leave. L. C.J. Look you gentlemen of the jury, here are two papists that are witnesses; you are to consider how far they tell the truth, and how far they conceal it, how they tell their tale so as to serve a turn: For here you see the man said at first he heard him say somewhat in an unknown tongue, and that he saw him in a surplice; after that he denies he knows him, but now you see by this woman the truth is come out; he hath confessed and owned he received the sacrament at Pursal's with her. We cannot expect more positive evidence from such people. Come read the statute. Anno 27 Eliz. cap. 2.* "Whereas divers persons, called or professed Jesuits, seminary priests, and other priests, which have been, and from time to time are inade in the parts beyond the seas, by or according to the order and rites of the Romish church, have of late comen and been sent, and daily do come and are sent into this realm of England, and other the queen's majesty's dominions, of purpose (as it hath appeared) as well by sundry of their own examinations and confessions, as divers other manifest means and proofs, not only to withdraw her highness's subjects from their due obedience to her majesty, but also to stir up and move sedition, rebellion and open hostility within the same her highness's realms and dominions, to the great endangering of the safety of her most royal person, and to the utter ruin, desolation and overthrow of the whole realm, if the same be not the sooner by some good means foreseen and prevented. "For reformation whereof be it ordained, established and enacted by the Queen's most excellent majesty, and the Lords spiritual and temporal, and the Commons in this present Parliament assembled, and by the authority of the same Parliament, That all and every Jesuits, seminary priests, and other priests whatsoever, made or ordained out of the realm of England, or other her highnesses dominions, or within any of her majesty's realms or dominions, by any authority, power or "jurisdiction, derived, challenged, or pretended from the See of Rome since the feast of the nativity of St. John Baptist, in the first year of her highnesses reign, shall within forty days next after the end of this present session of parliament depart out of this realm of England, and out of all other her highnesses realms and dominions, if the wird, weather, and passage shall serve for the same, or else so soon after the end of the said forty days as the wind, weather and passage shall so serve. "And be it further enacted by the authority aforesaid, That it shall not be lawful to, or for any Jesuit, seminary priest, or other such priest, deacon, or religious, or ecclesiastical person whatsoever,being born within this realm, or any other her highnesses dominions, and heretofore since the said feast of the nativity of St. John Baptist in the first year of her majesty's reign made, ordained or professed or This statute, says Mr. East, seems to be provisionally repealed by the 4th sec. of the stat. 31 Geo. 3. c. 32. in respect of such as take the oath of allegiance, abjuration, and declaration therein mentioned. Mr. Burke observes with great severity upon this statute in his most eloquent speech delivered at Bristol in the year 1780. hereafter to be made, ordained or professed by son. Brommich be a popish priest or not: To prove that he is, here is a woman, one Ann Robinson, that swears she received the Sacrament of him in a wafer once at Christmas last, and twice at Mr. Birch's, and twice at Mr. Pursal's, and that he gave it to several others at the same time. There needs not much to persuade you that he who gives the Sacrament is a priest, for in their church they allow no one but a priest to give the Sacrament, so there is one express evidence against him. And now I must satisfy you in one thing, that you are to give a verdict not that he is a priest, but that you believe him in your conscience upon the whole evidence to be priest. To make you do this, here is one 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 him say something wittingly and willingly receive, relieve, comfort, in an unknown tongue, and that he was in a aid or maintain any such Jesuit, seminary priest, or other priest, deacon or religious, or ecclesiastical person as is aforesaid, being at liberty, or out of hold, knowing him to be a jesuit, seminary priest, or other such priest, deacon or religious, or ecclesiastical person as is aforesaid, shall also for such offence be adjudged a felon without benefit of clergy, and suffer death, loss, and forfeit, as in case of one attainted of felony." L. C. J. Come, what have you more to say? Pris. I desire that there may be notice taken what Robinson and his wife said upon their examinations before the justice of peace. L. C. J. We are to take notice only of what they say here. Pris. My lord, they said here they did not know me. L. C. J. No: Did not Robinson say he heard you say something in an unknown tongue; that he then saw you in a surplice? Did we talk of any one but you? Come Jesuit, with your learning, you shall not think to baffle us; I have of late had occasion to converse with your most learned priests, and never yet saw one that had either learning or honesty. L. C. J. Have you any witnesses? Have you any more to say?-Pris. No. L. C. J. Then gentlemen of the jury, the question you are to try, is, whether Andrew surplice. This is as much as we could expect from one of their own religion, who dare say no more than their priests will give them leave to do. So gentlemen I must leave it to you, whether or know you will not believe the testimony of this real positive witness, and the circumstantial evidence of the other man: For you see in what dangers we are; I leave it upon your consciences, whether you will let priests escape, who are the very pests and dangers of Church and State; you had better be rid of one priest than three felons; so gentlemen, I leave it to you. The jury having staid some time, returned to the court to give their verdict. Cl. of Arr. Gentlemen of the jury, have you Cl. of Arr. Who shall say it for you? Cl. of Arr. Gaoler, set up Andrew Brommich to the bar. Gentlemen, do you find Andrew Brommich Guilty of the High Treason he hath been arraigned of, or Not Guilty? Jury Guilty. L. C. J Gentlemen, you have found a good verdict, and .f I bad been one of you, I should have found the same myself. Afterwards he received the usual sentence as in High Treason. 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. The Jury were called and sworn. Cl. of Arr. Gentlemen of the jury, look on the prisoner and hearken to his cause. You shall understand that he stands indicted by the name of William Atkins, late of Wolverhampton in the county of Stafford, gent. for that he being born within the kingdom of England, the reign of our sovereign lord king Charles the 2nd, by the grace of God, of England, Scotland, France and Ireland king, defender of the faith, &c. Then being a seminary priest, made, professed, and ordained by the authority and jurisdiction challenged, pretended, and derived from the See of Rome; the said fifth day of December in the year aforesaid, within this kingdom of England, viz. at Wolverhampton aforesaid in the county aforesaid, traiterously : Upon this indictment he hath been arraigned, and thereunto pleaded Not Guilty; and for his trial he hath put himself upon God and his country, which country you are. is, to enquire whether he be Guilty of the highYour charge treason whereof he stands indicted, or Not Guilty if you find him Guilty, you are to enquire what lands, goods or tenements he had at the time of the high-treason committed, or at any time since; if you find him Not Guilty, you are to enquire whether he did fly for the same; if you find he did fly for the same, you are to enquire what lands, goods or tenements he had at the time of such flight, or at any time since; if you find him Not Guilty, nor that he did fly for the same, you are to say so and no more and hear your evidence. Cl. of Arr. Črier, call the witnesses; call William Jackson, Francis Wilden, Jo. Jarvis, &c. Swear Jackson. [Which was done.] L. C. J. Come, friend, what can you say concerning Atkins the prisoner being a priest? Jackson. My lord, I can say nothing at all, was there when he was apprehended, and bound over to prosecute him. Cl. of Arr. Crier, Swear Francis Wilden. [Which was done.] L. C. J. What can you say concerning Atkins being a priest? Wilden. My lord, I have seen him at prayers. L. C. J. Did you ever hear him say mass? L. C. J. In what language were his prayers? [728 should know. [The prisoner being told, he replied, he knew not the witness.] Cl. of Arr. Swear John Jarvis. Crier. My lord, he refuseth to be sworn. the last night. L. C. J. You mistake, friend, old men you are an old mau: speak the truth, and I dream dreams, it is young men see visions, and will warrant you, you will not be troubled with visions any more; this is a trick of the priests. Swear him, Crier. [Which was done.] L. C. J. Come, Jarvis, what can you say? lieved me and my children oftentimes when Í Jarvis. My lord, he is a man that hath re was in want. L. C. J. Did you ever hear him say mass? Jarvis. My lord, I am an ignorant man; I cannot tell; I have heard him say somewhat in an unknown tongue L. C. J. Did you ever confess to him? L. C. J. Did you ever receive the Sacra- Jarvis. Yes, my lord, I have; I must speak the truth, L. C. J. How often? Jarvis. A great many times. L. C. J. And had he not his priest's habit on when he gave it you? Jarvis. Yes, my lord, he had. Cl. of Arr. Crier, call Joan Wright. [Who was called, but did not appear.] Call Henry Brown. [Who appeared and was sworn.] L. C. J. Come, Mr. Brown, what can you say against the prisoner? Did you ever receive the Sacrament of him, or hear him say mass? Brown. My lord, I was almost turned from the Protestant religion to that of the Church of 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. L. C. J. Are you a papist? Wilden. I have been a Protestant since Christmas. L. C. J. It is the principle of a Protestant to tell downright truth, and the principle of a papist is to equivocate; come speak truth, and your conscience will be lighter: did you ever see Atkins deliver the Sacrament in a wafer, according to the manner and way of the Church of Rome? Wilden. My lord, I never received it of him myself, but I have seen him give it to others. L. C. J. Where? left them. L. C. J. Indeed you were the wiser. Cl. of Arr. Crier, call Tho. Dudley. [Who was sworn.] L. C. J. What can you say against the prisoner? have been at confession with one Atkins, and L. C. J. Do you believe this to be the man? L. C. J. Read the statute. [Which was Wilden. At Mrs. Stanford's, at Wolver- done.] Have you witnesses, Atkins, or any hampton. LC. J. To how many? Wilden. To seven or eight at a time. L. C. J. I do not know whether the prisoner can hear what the witness says; it is fit he thing to say for yourself? L. C. J. Lock you gentlemen of the jury, |