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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

Cryer My Lord he refuseth to be sworn L. Ch. J. Jarvis why will you not be sworn Jer. My Lord I was troubled with a Vision the last night L. Ch. J. You mistake Friend Old Men Dream Dreams 't is Young Men see Visions and you are an Old Man Speak the truth and I 'll warrant you you will not be troubled with Visions any more this is a trick of the Priests Swear him Cryer which was done L. Ch. J. Come Jarvis what can you say Jar. My Lord he is a man that hath relieved me and my Children oftentimes when I was in want L. Ch. J. Did you ever hear him say Mass Jar. My Lord I am an ignorant man I cannot tell I have heard him say somewhat in an unknown Tongue L. Ch. J. Did you ever Confess to him Jar. Yes my Lord I did L. Ch. J. Did you ever receive the Sacrament of him according to the manner of the Church of Rome Jar. Yes my Lord I have I must speak the truth L. Ch. J. How often Jar. A great many times L. Ch. J. And had he not his Priests habit on when he gave it you Jar. Yes my Lord he had Cl. Arr. Cryer call Joan Wright who was called but did not appear Call Henry Brown who appeared and was sworn L. Ch. J. Come Mr. Brown what can you say against the Prisoner Did you ever receive the Sacrament of him or hear him say Mass Br. My Lord I was almost turned from the Protestant Religion to that of the Church of Rome but I never went further than Confession and that was to this man and then I left them L. Ch. J. Indeed you were the wiser Cl. Arr. Cryer call Tho. Dudley who was sworn L. Ch. J. What can you say against the Prisoner Dud. I was a little given that way and have been at Confession with one Atkins and have seen him perform several Rites of the Church of Rome at Well head at Ham. L. Ch. J. Do you believe this to be the man Dud. Yes my Lord I do L. Ch. J. Have you any more to say Dud. No my Lord. L. Ch. J. Read the Statute Which was done Have you Witnesses Atkins or any thing to say for your self P. No my Lord. L. Ch. J. Look you Gentlemen of the Jury Here is as full and as positive an Evidence as can be against the Prisoner The two first Witnesses Wilden and Jarvis are positive Wilden swears he heard him say his Prayers in an unknown Tongue and further says that he gave the Sacrament to seven or eight according to the manner of the Church of Rome in a Wafer at Mrs. Stamford's House in Wolverhampton Jarvis the other Witness swears that he hath been at Confession with him and hath oftentimes received the Sacrament of him Here are two other honest men that speak very full as to Circumstances so that in the whole you cannot have a more clear Evidence And Gentlemen I must tell you it is to these sorts of men we owe all the troubles and hazards we are in the fear of the Kings Life the Subversion of our Government and the loss of our Religion It is notorious by what they have done that they are departed from the meekness and simplicity of Christs Doctrine and would bring in a Religion of Blood and Tyranny amongst us As if God almighty were some Omnipotent Mischief that delighted and would be served with the Sacrifices of humane blood I need not say more to you the matter 's plain I think you need not stir from the Bar but do as you will The Jury having considered of the Evidence some time gave in their Verdict Cl. Arr. Gentlemen of the Jury are you agreed of your Verdict Jury yes Cl. Arr. Who shall say for you Jury The Foreman Cl. Arr. Goaler set up William Atkins which was done Gentlemen of the Jury look on the Prisoner What say you Is he guilty of the High Treason whereof he stands indicted or not guilty Jury Guilty Cl. Arr. What Lands Goods or Tenements had he Jury None to our knowledge Cl. Arr. Look to him Goaler he is found guilty of High Treason The Sentence You the Prisoners at the Bar shall be conveyed from 〈◊〉 to the Place from whence you came and from thence that you be drawn to the Place of Execution upon Hurdles that there you be severally hanged by the Neck that you be cut down alive that your Privy Members be cut off and your Bowels taken out and burnt in your view that your Heads be severed from your Bodies that your Bodies be divided into Quarters and those Quarters be disposed at the Kings Pleasure And the God of infinite mercy be merciful to your Souls On Monday the fourth day of August at Hereford Charles Kerne was brought to the Bar and being Arraigned he pleaded not Guilty to the Indictment Then the Court after the usual formalities performed proceeded to the Tryal of him as followeth Cl. 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 Charles Kerne late of the Parish of Webly in the County of Hereford Gent. For that he being born within the Kingdom of England the twenty ninth day of April in the thirty first 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 twenty ninth day of April in the year aforesaid within this Kingdom of England viz. at Webly 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 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 Treason Committed or at any time since if you find him 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 Tenements or Goods 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. Call Edward Biddolph who was sworn L. Ch. J. Give the Jury Pen Ink and Paper L. Ch. J. Biddolph do you know Mr. Kerne Bid. I do not know him now I did know such a man about