Judges Bromley and Altham (Edexcel A-Level History): Revision Notes
Judges Bromley and Altham
Context: preparing for the trial
By August 1612, the authorities were ready to bring the Lancashire witch suspects to trial. Roger Nowell's investigations had led to the arrest of eleven individuals from the Pendle area, who were held in the dungeon of Lancaster Castle awaiting trial. These prisoners were joined by additional suspects from nearby areas, including Samlesbury and Padiham, bringing the total number of accused to around nineteen people.
The death of Old Demdike
Elizabeth Southern, known as Old Demdike, was one of the most prominent figures in the witch accusations. However, she did not survive to face trial. Although she survived the difficult journey to Lancaster Castle, she died shortly after arriving in the dungeon. Historians believe she died before 19 May 1612, because on that date Old Chattox was examined and there is no mention of her cellmate Demdike being present.
Old Demdike's death had significant consequences for the trial. Her cellmate, Old Chattox, was able to shift blame onto the deceased woman who could no longer defend herself. This strategic change in testimony demonstrates how the absence of a key figure altered the dynamics of the entire trial.
On 19 May, Old Chattox was re-examined by Thomas Covell (a coroner), William Sandes (Mayor of Lancaster), and James Anderton (a Justice of the Peace). During this examination, Chattox substantially changed her testimony, placing far more blame on the now-deceased Demdike. She claimed that:
- The location of her supposed conversion to witchcraft was at Malkin Tower (Demdike's home), not her own home as she had previously stated
- Demdike was responsible for converting her to witchcraft
- She had heard Demdike confess to several murders
This change in testimony may have been a desperate final attempt by Chattox to secure her own release or at least more favourable treatment by the court.
The judges: backgrounds and qualifications
The trial was presided over by two senior judges who travelled to Lancaster as part of the assize court system. This system had been established for centuries and involved judges travelling around the country to hear cases. This was designed to reduce bias that might occur if local magistrates heard all cases in their own area. Lancaster would typically be visited by assize judges three or four times per year. On 16 August 1612, the judges arrived and were immediately presented with a list of prisoners awaiting trial.
Baron of the Exchequer: One of the most senior judges in England. The Barons of the Exchequer presided over the English Exchequer of Pleas.
Serjeant-at-law: A senior barrister in the English legal system.
Sir James Altham (died 1617)
Sir James Altham was nearing the end of a distinguished legal career when he presided over the Lancaster witch trials. His background and credentials included:
Family and education:
- Came from an established gentry family
- His father had been Sheriff of both London and Essex
- Educated at Trinity College, Cambridge
- Called to the bar after entering Gray's Inn (one of the Inns of Court where barristers trained)
Political career:
- Elected as Member of Parliament for Bramber in 1589
- Knighted by King James I in 1605
Legal career:
- Appointed Baron of the Exchequer in 1606 (one of the most senior judicial positions in England, presiding over the English Exchequer of Pleas)
- Well respected throughout his career
Religious views and approach to witchcraft:
- Had a reputation as an orthodox Protestant (someone who strictly followed mainstream Protestant beliefs)
- Rose quickly in status during the reign of James I, suggesting his views aligned with the king's
- Probably held similar views on witch-hunting to King James I
- Likely carried and consulted a copy of the king's book Daemonologie during the trial
Altham's background and religious views made him predisposed to take witchcraft accusations seriously. His recent appointment by James I and his orthodox Protestant beliefs meant he was likely eager to demonstrate his commitment to rooting out witchcraft.
Sir Edward Bromley (1563–1626)
Sir Edward Bromley came from a similar background to Altham and also rose to become a Baron of the Exchequer.
Family and education:
- Came from a Shropshire gentry family
- Educated in the Calvinist tradition (a strict form of Protestantism)
- His father was a high-profile lawyer, which allowed Edward to receive legal training without charge
- Entered the Inner Temple (another Inn of Court)
Political career:
- Returned as Member of Parliament for Bridgenorth six times between 1586 and 1604
- His final parliament lasted until 1611
- Given a number of important legal responsibilities from 1603 onwards
- King James I appointed him as mediator with the House of Lords over proposals for a union between England and Scotland, demonstrating the king's trust in him
Legal career:
- Made a Serjeant-at-law in 1610 (a senior barrister in the English legal system)
- Appointed Baron of the Exchequer in 1610
- Knighted in 1610
- Worked as an assize judge alongside his work in London
- Was hoping to be promoted to a circuit closer to London
Motivations and approach to the trial
Both Altham and Bromley were clearly concerned with gaining King James I's favour. This is significant because:
- The king had written Daemonologie, demonstrating his belief in witchcraft
- The king had a known interest in prosecuting witches
- Positive convictions for witchcraft may have been seen as a way of achieving royal approval
- Both judges were ambitious for further advancement in their careers
This context helps explain why the judges were willing to accept dubious evidence and questionable confessions during the trial.
Their backgrounds as orthodox Protestants and their connections to the king meant they approached the trials with a presumption that witchcraft was real and needed to be punished.
The conduct and outcomes of the trial
Structure of the trial
The main trial at Lancaster took place on 18–19 August 1612. (Jennet Preston had already been tried separately at York on 27 July and found guilty.) The trial followed this procedure:
- Each suspected witch was called individually before the court
- They were asked whether they believed themselves to be guilty
- All but one pleaded "not guilty"
- A jury was sworn in to hear each case
- The charges were read out
- Evidence was presented
- The jury delivered a verdict
Unfairness of the proceedings
Although on the surface the assize courts appeared to operate fairly, there were several serious problems with the trial process that fundamentally undermined justice.
Lack of preparation for defence:
- Defendants were not allowed to prepare a defence in advance
- Many did not know the exact charges against them until they were read out in court
- They had no legal representation
Acceptance of dubious evidence:
- Both judges, despite their reputations as rational and wise men, were prepared to accept questionable evidence
- Confessions that were probably made under torture were accepted as reliable
- The testimony of young children was given considerable weight
- Evidence from Jennet Device, aged only nine, was treated as credible
Previous record of the judges:
Judge Altham had recently been accused of sending an innocent woman to the gallows for witchcraft at the York assize based solely on the evidence of nine-year-old Jennet Device. This suggests he was already inclined to accept children's testimony about witchcraft.
Organisation of the trial
The two judges divided the cases between them to speed up proceedings. In the first session, Judge Bromley announced that all Justices of the Peace involved and all witnesses should be in attendance. Roger Nowell acted as prosecutor, presenting the evidence he had gathered during his investigations.
Individual trials and outcomes
Old Chattox
Trial of Old Chattox (Anne Whittle)
With Old Demdike dead, Old Chattox (Anne Whittle) was clearly the most senior accused witch on trial. According to Thomas Potts' account, she spoke plainly and with some measure of truth in court.
Charges: She was formally charged with the murder of Robert Nutter, which had allegedly occurred 18 years earlier (around 1594). Notably, despite Alizon Device claiming that Chattox was responsible for the deaths of John Device (Alizon's father), Anne Nutter, and Hugh Moore, she was not charged with these murders.
Evidence presented:
- Her own statement given to Roger Nowell was read out in court
- Old Demdike's earlier statement was read, suggesting that Chattox and Anne Redferne had been seen with clay images (poppets) of people they intended to bewitch
Outcome: The confession evidence of a witch was held in very high regard in witchcraft trials. Despite Chattox's attempt to divert attention towards the deceased Demdike, she knew she had no hope of being reprieved. She broke down in court and acknowledged that the evidence presented was true. In front of the court, she asked for God's forgiveness and pleaded for mercy on behalf of her daughter, Anne Redferne.
Verdict: Guilty (but not sentenced immediately, as the judge wanted to move quickly to hear from Elizabeth Device)
Elizabeth Device
Trial of Elizabeth Device
Old Demdike's daughter, Elizabeth Device, was presented by Potts as an extremely ugly and confrontational woman.
Behaviour in court: In stark contrast to Chattox's meekness, Elizabeth had to be forcibly removed from the courtroom, kicking and screaming, before the trial could properly begin. When her daughter Jennet was brought into court to testify, Elizabeth cursed at her angrily, causing the child to cry. It was only after Elizabeth was led away that Jennet could be brought to a table where the entire court could see and hear her.
Charges: She was charged with three murders:
- John Barley
- James Barley
- Henry Mitton
Evidence presented:
- Jennet Device's testimony: The nine-year-old's evidence was well rehearsed and confident. She stated that her mother had been a witch for three or four years and that she had seen her mother's familiar (a spirit or demon in animal form) called Ball on several occasions. Jennet claimed the familiar had even spoken to her at their house.
- Part of James Device's testimony was read out, demonstrating that Elizabeth had been instrumental in organising the meeting at Malkin Tower.
Defence: When Elizabeth was allowed back into court, she denied her previous confession and spoke against her own children.
Verdict: Guilty
James Device
Trial of James Device
Elizabeth's son, James Device, was in very poor physical condition at the trial. According to Potts, he was showing signs of severe illness or weakness and was unable to speak or stand properly. He had to be physically held up in court. This deterioration may explain why he and Chattox had been examined for a final time on 19 May—there was concern that one or both might die before the trial.
Charges:
- Murders of Anne Towneley and John Duckworth (his main charges)
- Murders of John Hargreaves and Blaze Hargreaves (additional charges he had never admitted to previously)
Evidence presented:
- His detailed confession from 27 April was read out in court
- James acknowledged in court that his confession was true
- Anne Towneley's husband was called to give evidence, but unusually Potts omitted this testimony from his account
- Jennet Device testified again, stating with what Potts described as "great eloquence" that she was aware her brother had killed the Hargreaves family members
- Jennet claimed that before each murder, James's familiar, Dandie (a black dog), had appeared at Malkin Tower
Verdict: Guilty. James had effectively signed his own death warrant when he made his detailed confession on 27 April.
Anne Redferne
Trial of Anne Redferne
Old Chattox's daughter, Anne Redferne, was tried on the evening of 18 August.
Initial charge: She was charged with involvement in the death of Robert Nutter.
First verdict: Surprisingly, she was found not guilty, as the evidence against her appeared weak. She was the only one of the original four women detained who had not confessed to witchcraft.
Second charge: On Wednesday (19 August), she was presented with a further charge of murdering Robert Nutter's father, Christopher Nutter. Exactly the same evidence was used as in her first trial.
Second verdict: This time she was found guilty. The change in verdict suggests the jury or judges may have been influenced by pressure to secure convictions.
Summary of verdicts
At the end of James Device's trial, Judge Bromley called the jury to consider verdicts on Chattox, Elizabeth Device, and James Device. The jury was quick to find all three guilty. By the end of the two-day trial, most of the accused had been convicted, including Anne Redferne on her second charge.
Key Points to Remember:
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Old Demdike died in Lancaster Castle dungeon before the trial (probably before 19 May 1612), and Old Chattox then changed her testimony to blame Demdike for converting her to witchcraft.
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Both judges were highly qualified but biased: Sir James Altham and Sir Edward Bromley were both Barons of the Exchequer from gentry backgrounds, with orthodox Protestant or Calvinist beliefs. They were keen to gain King James I's favour through successful witch convictions.
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The trial process was fundamentally unfair: Defendants could not prepare a defence, did not know charges in advance, and faced acceptance of dubious evidence including confessions likely obtained under torture and testimony from a nine-year-old child (Jennet Device).
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Confessions and child testimony were decisive: The judges placed great weight on confessions (especially those admitting to witchcraft) and on Jennet Device's testimony against her own mother, brother, and others. This testimony, however rehearsed, was treated as reliable evidence.
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Most defendants were convicted: Old Chattox, Elizabeth Device, and James Device were all found guilty based largely on their own confessions and Jennet's testimony. Anne Redferne was initially acquitted but then convicted on a second charge using the same evidence, suggesting pressure to secure convictions.