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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63169	The trial, conviction and condemnation of Andrew Brommich and William Atkins, for being Romish priests, before the Right Honourable the Lord Chief Justice Scroggs, at summer assizes last at Stafford held there for the county of Stafford, where they received sentence of death accordingly together with the tryal of Charles Kern, at Hereford assizes last for being a Romish priest.	Bromwich, Andrew, defendant.; Kern, Charles, defendant.	1679 (1679)	Wing T2176; ESTC R18341	18,035	21

THE Trial Conviction And CONDEMNATION OF Andrew Brommich and William Atkins For being Romish Priests Before the Right Honourable THE Lord Chief Justice SCROGGS At Summer Assizes last at Stafford held there for the County of Stafford Where they received Sentence of Death accordingly Together with The Tryal of Charles Kern at Hereford Assizes last for being a Romish Priest LONDON Printed for Robert Pawlett at the Bible in Chancery-lane 1679. I do appoint Robert Pawlett to Print the Tryals of Andrew Brommich William Atkins and Charles Kerne and that no other person presume to Print the same WILLIAM SCROGGS THE Tryal Conviction AND CONDEMNATION OF Andrew Brommich Vpon Wednesday the 13th of August 1679. at the Assizes held at Stafford for the said County Andrew Brommich and William Atkins being both Seminary Priests were brought to their Tryal and Convicted before the Right Honourable Sr. William Scroggs Knight Lord Chief Justice of England and one of his Majesties Justices of Assize there The Court being sate they proceeded to their Tryal thus THE Lord Chief Justice having the night before charged the Sheriff to returne a good Jury and the Court being sate he enquired of him if he had observed his directions The Sheriff acquainted his Lordship that since he had impannelled the said Jury he had heard that one _____ Allen of _____ in the said County being then returned to serve on the said Jury had said in discourse with some of his fellows that nothing was done against the Popish Priests above and therefore he would do nothing against them here nor find them guilty whereupon his Lordship called for the said Allen and one Randal Calclough one of his fellows Jury men and another witness upon oath who proving the words against him his Lordship discharg'd him of the Jury and committed him to Prison till he found sureties for his good behaviour and likewise 3 more of the Jury were discharg'd 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 Smyth William Pinson Daniel Buxton and Richard Cartwright Jurors Cl. of Arraign Gaoler set up Andrew Brommich to the Barr Cryer make Proclamation Cryer O yes If any one can inform my Lords the King 's Just the King's Serjeant the Kings Atturney or this Inquest now to be taken of any Treasons murders felonies or other misdemeanours 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 Soveraign Lord the King and you upon your life or death if you will challenge 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 Gentleman for that he being born within the Kingdom of England the thirteenth day of January in the thirtieth year of the Reign of our Sovereigne Lord King Charls the 2d 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 Kingdome of England viz. at Perry Barr aforesaid in the County aforesaid Trayterously did come was and did remain against the form of the Statute in that case made and provided and against the peace of our Soveraign Lord the King his Crown and Dignity Upon this Indictment he hath been arraigned and hath pleaded thereunto Not Guilty and for his Tryal hath put himself upon God and his Country which Country you are Your charge is to inquire whether he be guilty of the high Treason whereof he stands indicted or not guilty If you find him Guilty you are to inquire 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 inquire 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 Cl. of Arr. Cryer call Ann Robinson who being sworn L. Ch. Just Ann Robinson what can you say against Andrew Brommich A. Rob. My Lord I can say that I received the Sacarment of him according to the Church of Rome in a wafer L. Ch. Just When How long ago A. Rob. About Christmas last L. Ch. Just What company was there How many were there in company A. Rob. My Lord I cannot possitively tell how many but I beleive there were about seven or eight L. Ch. Just Did they all receive at the same time Ann. Robinson Yes my Lord they did all receive at that time L. Ch. Just Are you a Papist A. Rob. No my Lord. L. Ch. Just How long were you a Papist A. Rob. Several years L. Ch. Just Who first seduc'd you A. Rob. My Lord I cannot tell his name Lord Chief Justice Did you ever receive the Sacrament according to their way of Mr. Brommich before the time you speak of A. Rob. Yes L. Ch. Just How often A. Rob. Four times my Lord twice at Mr. Birch's and twice at Mr. Pursal's L. Ch. Just How came you to give her the Sacrament to the prisoner Pris My Lord I never did L. Ch. Just Why she has sworn you gave it her several times once in particular at Christmas last and 4 times more twice at Mr. Birch's and twice at Mr. Pursall's Pris My Lord I cannot help it I desire your Lordship will take notice of one thing that I have taken the Oaths of Allegeance and Supremacy and have not refus'd any thing which might testifie my Loyalty L. Ch. Just That will not serve your turn you Priests have tricks to evade that Pris Besides my Lord I never absconded L. Ch. Just You never absconded what is that to giving the woman the Sacrament several times Pris My Lord I desire she may prove it L. Ch. Just She does so Pris My Lord I humbly conceive it was no Sacrament unless I were a Priest L. Ch. Just 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

losse and forfeit as in case of one attainted of Felony L. Ch. Just Come what have you more to say Prisoner I desire that there may be notice taken what Robinson and his said wife said upon their Examinations before the Justice of Peace L. Ch. J. We are to take notice only of what they say here Pris My Lord they said here they did not know me L. Ch. Just N● 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 bastle 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. Ch. J. Have you any Witnesses have you any more to say Pris No. L. Ch. J. Then Gentlemen of the Jury the question you are to try is whether ●●drew Brommich be a Popish Priest or not To prove that he is here is a woman one Anne 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. Pursals and that he gave it to several others at the same time There needs not much to perswade 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 satisfie 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 a Priest To make you do this here is one Positive Evidence The other man when I came to examine him whether he ever heard the Prisoner say Mass he answered that he heard him say something in an unknown tongue and that he was in a 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 no 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. Arr. Gentlemen of the Jury have you agreed on your Verdict Jury Yes Cl. Arr. Who shall say it for you Jury the Foreman Cl. Arr. Goaler 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. Ch. J. Gentlemen you have found a good Verdict and if I had been one of you I should have found the same my self Upon Wednesday the thirteenth of August 1679. At the Assizes held at Stafford for the County of Stafford William Atkins was brought to his Tryal for being a Seminary Priest before the Right Honourable Sir William Scroggs Knight Lord Chief Justice THe Court proceeded to his Tryal in like manner as in the former there being the same Jury Cl. Arr. Goaler set up William Atkins to the Bar. Cryer make Proclamation Cl. 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 fifth day of December in the thirtieth year of the Reign of our Soveraign Lord King Charles the Second 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 did come was and did remain against the form of the Statute in that case made and provided and against the peace of our Soveraign Lord the King his Crown and Dignity Upon this Indictment he hath been Arraigned and thereunto pleaded not guilty and for his Tryal he hath put himself upon God and his Country which Country you are Your Charge is to enquire whether he be guilty of the High 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 not guilty you are to enquire whether he did flee for the same If you find he did flee 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 flee for the same you are to say so and no more and hear your Evidence Cl. Arr. Cryer call the Witnesses call William Jackson Francis Wilden Jo. Jarvis c. Swear Jackson which was done L. Ch. J. Come Friend what can you say concerning Atkins the Prisoner being a Priest Jack My Lord I can say nothing at all I was there when he was apprehended and bound over to prosecute him Cl. Arr. Cryer Swear Francis Wilden which was done L. Ch. J. What can you say concerning Atkins being a Priest W. My Lord I have seen him at prayers L. Ch. J. Was he in a Surplice then W. Yes my Lord. L. Ch. J. Did you ever see him say Mass W. I cannot tell L. Ch. J. In what language were his prayers W. In an unknown Tongue L. Ch. J. Were they in Latin W. I cannot tell my Lord I am not a Scholar good enough to know L. Ch. J. Are you a Papist W. I have been a Protestant since Christmas L. Ch. J. 'T is the Principle of a Protestant to tell down right 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 W. My Lord I never received it of him my self but I have seen him give it to others L. Ch. J. Where W. At Mrs. Stanfords at Wolverhampton L. Ch. J. To how many W. To seven or eight at a time L. Ch. J. Was he in a Surplice then W. Yes my Lord. L. Ch. J. I do not know whether the Prisoner can hear what the Witness says 't is fit he should know The Prisoner being told he replied he knew not the Witness Cl. Arr. Swear John Jarvis

six years ago I have seen him once or twice at Mr. Somersets at Bollingham about six years ago L Ch. J. How long is 't ago since you saw him last Bid. About a year L. Ch. J. Had you any discourse with him Bid. No I never had any L. Ch. J. Look on the Prisoner can you say that is the man Bid. No my Lord I cannot L. Ch. J. Can you say you ever saw or knew him Bid. I cannot L. Ch. J. Set him down Call another Witness Cl. Arr. Swear Margaret Edwards which was done L. Ch. J. Do you know Mr. Kerne Edwards Yes my Lord I do L. Ch. J. How long have you known him Edwards Five or six years L. Ch. J. Where did you know him Edwards At Sarnffield at Mrs. Monington's L. Ch. J. Were you a Servant there Edwards No I went thither about business L. Ch. J. Where did you first see him Edwards At Mr. Wigmore's of Lucton L. Ch. J. Had you any discourse with him there Edwards No. L. Ch. J. How came you to see him at Mrs. Monington's Edwards My Lord one James Harris's Wife being very sick I was desired by him to go to Mrs. Anne Monington to seek some Remedy for her He desired me the rather for that she being a Papist and I of the same Religion he believed for that reason she would be the more kind to her L. Ch. J. Were you a Papist then Edwards Yes my Lord. L. Ch. J. Well what said Mrs. Monington to you Edwards My Lord She told me she was glad that they had sent me for that she did not care to discourse the distempers of a Woman to a Man L. Ch. J. Well go on Edwards My Lord after she had discoursed to me concerning the sick woman she desired me to go with her which I did and she brought me into the Chappel where I saw Mr. Kerne in his Robes L. Ch. J. Were there any more in the Room besides him Edwards Yes my Lord four or five He was in his Robes and Surplice and was at the Altar and gave the Sacrament to the rest but I did not receive it L. Ch. J. What did you see him do Edwards I saw him give the Sacrament L. Ch. J. What did he say Edwards He said Corpus Christi or some such words L. Ch. J. Did you see him deliver the Wafers Edwards Yes my Lord. L. Ch. J. To how many Edwards To four L. Ch. J. You swear positively to four Did they Confess to him Edwards Yes I believe they did L. Ch. J. Did you ever see him since Edwards No my Lord I never saw him between that and this L. Ch. 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. Blounts but the last time was from Mr. Jennings at Mr. Wigmore's House Pris My Lord I desire she may be askt whether she came to Mrs. Monington's of her own accord or was sent for Physick Edw. I was sent P. Did the Man send you or his Wife Edwards The Man P. Have a care what you say Harris's Wife is here to trapan you L. Ch. 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 P. Where did that Harris live Edwards At Lempster P. I am satisfied 't was a mistake I thought it had been Harris of Lawton she had meant L. Ch. J. Will you ask her any thing else P. I desire to know the time when she saw me at Mrs Monington's Edwards It was in last May was Twelvemonth the twenty ninth day to the best of my memory L. Ch. 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 Gravestone P. I desire to know of her whether she was ever askt upon her Oath whether she was ever at Mrs. Monington's since that time Edwards I was not there since nor ever askt the question to the best of my knowledge L. Ch. J. What a question is that P. 'T is very remarkable for she was askt by a Jury-man last Assizes it was not upon the Tryal 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 twenty times P. Call Roger Hyet L. Ch. J. By and by your defence will be proper in the mean time what will you ask her more P. 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. Ch. 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 her self L. Ch. J. Did you tell her what she shouly say Edw. No my Lord. L. Ch. J. What did you say to her Edwards I told her that she would hear her Name call'd 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. Ch. J. Did she tell you what she could say Edwards She did L. Ch. 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 P. 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 his Name P. 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 was P. I never was at Lucton in all my life L. Ch. J. Call the other woman you shall now see how these women agree Cl. Arr. Call Mary Jones Cryer swear her which was done P. I desire they may be examin'd apart L. Ch. J. Let the other woman go out L. Ch. J. When was the first time you saw Margaret Edwards Jones Yesterday and again to day L. Ch. J. Did she tell you and instruct you what you should say against the Prisoner Jones No my Lord. L. Ch. J. Did you tell her what you could say against him Jones No. L. Ch. J. Did not you tell her

was richly adorn'd the Altar-Cloth was white and a fine Crucisix on the Altar Mrs. Mon. What were the Cushions of Edwards As I remember they were Needle-work L. Ch. J. What was the Chappel adorn'd with Edwards With abundance of pictures I think the window was on the left hand of the Altar Mrs. Mon. She has fail'd in the first description for we go not off the Stairs into the Chappel as she says neither is it adorn'd in the manner as she says it is nor is there any Needle-work 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 can L. Ch. J. Call the maid You wait on Mrs. Monington did you ever see that woman Maid No. L. Ch. J. I 'll shew you how you shall remember her She came to Mrs. Monington on the behalf of one Harris's wife and askt if she were within and you carried her to your Mistriss Edwards My Lord I was there several times besides this for I carried the Child Mr. Thomas Monington thither several times L. Ch. J. Do you remember this Mrs. Mon. I do not remember that she ever brought the Child to me but another Edw. My Lord I always lay with him and tended him and carried him abroad L. Ch. J. If you have any thing more to say speak What say you for your self Pris I hope your Lordship will summ up the Evidence L. Ch. 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. Ch. 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 me give 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 order L. Ch. J. It is one of the greatest Evidence 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. Ch. J. Do any Bury or Christen but Priests Pris Yes they do in extremis and my Lord I do acknowledge that Tread Prayers sometimes and sometimes others did it And I desire your Lordship and the Jury will take notice that I have taken the Oaths of Allegiance and Supremacy L. Ch. J. Is that all you have to say Pris Yes my Lord. L. Ch. 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 he be a Romish Priest If so he is guilty of High Treason by the Statute of 27 of 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 Weobley and the last time was the twenty ninth 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 her self 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 Mistriss 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 Chappel whereof she gives you a description 'T is very probable she may go on such an Errand and 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. Ch. J. When you give such Bread do you not say Accipe 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. Ch. J. The Prisoner made an offer to prove some disagreement between the Witnesses 't is true they did differ in some small things as the saying the word Mass but from hence can no great matter be infer'd against the Evidence so here is one positive Evidence There must indeed be two Witnesses now the question will be about the second womans Testimony She says she knew Mr. Kerne about eight years ago when she lived at Mr. Somersets and that Mr. Kerne lived in the house 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 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 Christned in the House and no one there but Mr. Somerset and his Wife Mr. Latchet and his Wife and Mr. Kerne to do it She did not see him Christen it and 't 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. Ch. J. Call Mary Jones again Mary Jones was it a sickly Child Jones No my Lord. L. Ch. 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 the womans hearing his voice that he did say Mass or did Christen for I must confess she says she did not see him Christen then you must find him Guilty So I leave it to you upon the whole matter The Jury return'd and were call'd over William Barret c. Cl. Arr. Goaler Set up Charles Kerne Gentlemen Are you Agreed of your Verdict Jury Yes Cl. Who shall say for you Jury The Foreman 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 FINIS There is lately Printed The Lord Chief Justice Scroggs his Speech in the King's Bench the first day of this Michaelmas Term 1679. Occasioned by the many Libellous Pamphlets which are Published against Law to the scandal of the Government and Publick Justice Together with what was declared at the same time on the same Occasion in open Court by Mr. Justice Jones and Mr. Justice Dolbin Sold by Robert Pawlett at the Bible in Chancery Lane