I shall now give some examples of practice. Fortunately (or
unfortunately you may think as you read) we have at least one case
recorded in great detail, though, curiously enough, it has escaped the
notice of an authority so eminent as Mr Justice Stephen.
Margaret Clitherow was pressed to death at York on Lady Day, March
25th, 1586, and the story thereof was written by John Mush, secular
priest, and her spiritual director. Margaret's husband was a
Protestant, though his brother was a priest, and all his children
appear to have been of the older faith. Accused of harbouring Jesuit
and Seminary priests, of hearing mass, and so on, she was committed
to York Castle, and in due time was arraigned in the Common Hall.
In answer to the usual questions, she said that she would be tried
"by God and by your own consciences," and refused to make any other
answer. It was sheer obstinacy: she was a married woman, and she could
have lost nothing by going to trial. But she coveted martyrdom, which
everybody concerned appears, at first at any rate, to have been anxious
to deny her. It was plainly intimated that if she would let herself
be tried she would escape: "I think the country," said Clinch, the
senior judge, "cannot find you guilty upon the slender evidence." The
proceedings were adjourned, and the same night "Parson Whigington, a
Puritan preacher," came and argued with her, apparently in the hope of
persuading her to plead; but he failed to change her purpose; the next
day she was brought back to the Hall. Something of a wrangle ensued
between herself and Clinch, and in the end the latter seemed on the
point of pronouncing sentence. Then Whigington stood up and began to
speak; "the murmuring and noise in the Hall would not suffer him to be
heard;" but he would not be put off, and "the judge commanded silence
to hear him." He made a passionate appeal to the Court ("Did not
perhaps God open the mouth of Balaam's ass?" is the somewhat ungracious
comment of Father Mush.) "My lord," said he, "take heed what you do.
You sit here to do justice; 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;" with much more to the same effect.
Clinch was at his wits' end, and went so far as to entreat the prisoner
to plead in the proper form: "Good woman, I pray you put yourself to
the country. There is no evidence but a boy against you, and whatsoever
they (the jury) do, yet we may show mercy afterwards." She was moved
not a whit; and then Rhodes, the other judge, broke in: "Why stand
we all day about this naughty, wilful woman?" Yet once again she was
entreated, but as vainly as before; it was evident that the law must
take its course; and "then the judge bade the sheriff look to her,
who pinioned her arms with a cord." She was carried back to prison
through the crowd, of whom some said, "She received comfort from the
Public-domain text, read in full here on John Shaqi.
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