Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
In 1442 Juliana Quick was arraigned upon a charge of high treason, for
speaking contemptuously of the King, Henry VI. She refused to plead and
it having been determined that her refusal was obstinate, rather than by
an infirmity of nature, she was “pressed to death,” in a summary manner.
The case of Margaret Clitherow, who was pressed to death at York, on Lady
Day, March 25’, 1586, is most pathetic, as narrated by her spiritual
adviser, the good John Mush, a friendly priest. Margaret’s husband was a
Protestant, but she was accused of harboring Jesuit and Seminary priests,
of hearing mass and other similar offenses and so she was committed to
York Castle and later was regularly arraigned in the Common Hall. When
plied with the usual question, “Culprit, how will you be tried?” instead
of making the usual answer, “By God and my country,” the prisoner refused
to make any other answer than that she would be tried “by God and your
consciences.” After repeated entreaties by the court, and continued
obstinacy of the prisoner, she was committed to prison and during the
intercession of the court Parson Whigington, a puritan preacher, labored
long and hard with her to convince her that she ought to forego her
obduracy and enter her plea, but she refused to do so. On her second
arraignment, when the court seemed about to condemn her to the _peine
forte et dure_, Parson Whigington spoke in the interest of the prisoner,
calling the court’s attention to the fact that “this woman’s case is
touching life and death; you ought not, either by God’s law, or man’s,
to judge her to die upon the slender witness of a boy.” Entreating her
twice again to renounce her obdurate plea and to throw her case upon
the country, on her refusal, the court ordered “the law to take its
course”; she had her arms pinioned with a cord, by the Sheriff and as she
was led through the crowd, the jeers and taunts, ever levelled at the
unfortunate, in keeping with “man’s inhumanity to man,” gave the Sheriff
the idea that he was to soon become a popular man, by the murder of this
defenseless woman, so he proceeded to his work as if he were, in fact, a
hero.
She was urged to press the exemption of pregnancy, but refused, and the
Lord Mayor of York, on his knees begged her to enter her formal plea to
the charge against her and to submit to trial, as did her friend the
good Parson Whigington. She stood firm, as if courting martyrdom, in an
attempt to demonstrate the injustice of such a hideous punishment, and
finally even the sympathetic Parson Whigington, after expressing his
pity, left her and came again no more.
Public-domain text, read in full here on John Shaqi.
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