Mr. Wharton assured them, were unjust slanders; and withal, quite impertinent to the indictment, and the question upon which his life depended, which was to know the time when he was made priest. And, as to the dissentions between the jesuits and the seminary priests, which they also objected and amplified, he answered briefly, that in the catholic Roman religion, (which he professed, and for which he was ready to die,) there is neither idolatry, nor superstition, nor falsehood, nor contrariety of doctrine and though there are dissentions sometimes amongst the catholics, either priests or others, yet these differences are not in articles of their faith, but in other matters; as of some particular jurisdiction, right or title, spiritual or temporal, and the like and that, for his own part, he had no such controversy with any catholic, nor breach of charity with any person whatever.'

As to the point concerning the time of his ordination, after a few conjectures which proved nothing, Mr. Saville, baron of the exchequer, (who was also his judge,) affirming that he knew him in Oxford some years after the time mentioned in the statute, and that he was not then taken for a priest, the jury was directed to find him guilty of the indictment; and he was condemned of high treason. Mrs. Hunt also was condemned of felony, for receiving him into her house; as if she also had known him in Oxford to have been no priest, and to have been made priest afterwards, whereas, indeed, she knew not at all, till a little time before he was apprehended in her house. She utterly refused to save her life by going to the protestant church; but though she was sentenced to die, and lost all her worldly substance, yet she did not suffer, as was expected, but was permitted to linger away in prison, under the benefit, as it was called, of a reprieve.

Mr. Wharton had also the usual baits offered him of life, liberty, and promotion, if he would conform, which he generously rejecting, suffered death according to sentence, with great constancy, at York, the 28th of March, being Easter-Week, 1600.

JOHN RIGBY, GENTLEMAN.*

JOHN RIGBY was a younger son of Nicholas Rigby, a gentleman of an ancient family, of Harrock, in the parish of Eccleston, in Lancashire, whose circumstances being narrow, obliged him to take to service, where, through human frailty, (though he was always a catholic in his heart,) he sometimes went to the protestant church; for which he afterwards heartily repented, and confessing himself to Mr. Jones, alias

* From Dr. Worthington's printed account of his martyrdom, published the following year.

Buckley, then a prisoner, was by him reconciled to God, and from that time, lived a very exemplary life, and was the instrument of the reconciliation of divers others, and, amongst the rest, of his own father, in his old age. Whilst he was in the service of Sir Edmond Huddlestone, his daughter, Mrs. Fortesque, widow, was summoned to the Sessionshouse in the Old Baily, for causes of religion; and she being sick, and not able to appear, sent by Mr. Rigby to testify the same for her in that court. Upon which occasion Sir Richard Martin, one of the commissioners, who had for some time entertained a grudge against Mr. Rigby, began to question him concerning his own religion; and finding him to be a catholic, and that he refused to go to church, or take the oath of the queen's supremacy, he, with the lord mayor, and the rest of the commissioners, ordered him to Newgate. The next day he was again examined in the Sessions-house by the lord chief justice, where he again professed his religion, and withal acknowledged, That he had some times gone to the protestant church, though he was always, in heart, a catholic; but being convinced in his own conscience, that this way of acting was not consistent with his soul's salvation, he had been reconciled by Mr. Buckley, in the Clink, and for two or three years had not gone to church. To which examination, the lord chief justice caused him to set his hand. What follows, is an abstract of an account written by himself in prison, of his trial and examinations.

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Then my lord commanded the keeper to take me, and to put on me an iron chain; which, when it came, I willed him to put it on in God's name, and said aloud,-I would not change my chain, for my lord mayor's great chain; and I gave the fellow six pense for his pains. By-and-by, my lord chief justice sent me word to provide myself, for I was to be arraigned forthwith. I bid the messenger tell his lordship,— I never heard so good news in my life before; and so I was commanded to the common jail. But (expecting every day to be arraigned) the Tuesday following I was removed to the White Lion, in Southwark, and was there quiet, till the 3d of March. N. B. He was first examined and committed on the 14th of February, 1599-1600." And Wednesday the 3d of March, in the common sessions, with a number of felons, I was brought to my trial. In the forenoon I was called, and appeared; but nothing was said to me. When the justice went to dinner, we also went home to prison; and being at dinner, justice Gaudy sent his man for me, and I went willingly with my keeper: and so coming to them at justice Dale's house, where the judges dined, justice Gaudy called me to him, and asked my name, which I told him. Were not you committed by lord chief justice, and examined by him? Yea, my lord. You know your own hand? so he showed me my hand; and I said, this is my hand: I pray you give me leave to speak for myself. You shall, said he; I well perceive you have thought better of the matter. I am told by one of my lord of Canterbury's gentlemen, that you are now sorry for what you have done, and willing to become a good subject, and go to church. If you will so do, her majesty is merciful. How say you? Will you go to church now ?—No, my lord. Good my lord, whosoever informed your lordship, that ever I did yet yield in any point of my profession, was not my friend, nor ever had any con

sent thereto. I assure you, my lord, I am a true subject, and obedient to her majesty, and her laws, in any thing which may not hurt my conscience but to say that I will go to church, I never will. Yea, rather than your lordships should have any light suspicion of me of such a consent, take my first answer as it is; there is my hand, here is my whole body, most ready I am, and willing, to seal it with my blood. We were told, said one of the judges, you were a simple young man, and willing to recant; but we see now, thou art a resolute, wilful fellow, and there is no remedy, but law must proceed. Let me have law, in the name of Jesus: God's will be done.

The next day, being Thursday, we went again to the sessions at St. Margaret's Hill, where about two in the afternoon, I was called to the bar. About an hour after, I was called again, and bidden to hold up my hand; which I did. My indictment was read, and it was a sharp one. Then my lord bid me speak and I answered, briefly, in this manner: 1st. Whereas, I am charged in my indictment, that I was reconciled; it is very true; to God Almighty I so was, and I think lawfully might be; and, as I remember, it is also allowed in your book of common prayer, in the visitation of the sick, that if any man find himself burthened in conscience, he should make his confession to the minister; which confession manifesteth a breach between God and his soul; and, by this humble confession, he craveth pardon of his sins, and reconciliation to God again, by the hands of his minister.

2dly. Whereas, I am charged, that I was reconciled from my obedience to her majesty, and to the Romish religion. I will depose the contrary; for I was never reconciled from any obedience to my princess, for I obey her still; nor to any religion, for although I sometimes went to church against my will, yet was I never of any other religion than the catholic, and therefore needed no reconciliation to religion.

3dly. 'Whereas, in my former answers, I said I went to church, it is true, for fear of temporal punishment I so did, but never minded to fall from the old religion, and therefore needed no reconciliation.

4thly and lastly. I humbly beseech your good lordships, as you will answer it before God, to explicate the meaning of the statute to the jury if the meaning thereof be to make it treason for a man fallen into the displeasure of God, through his sins, to be reconciled to God again, by him to whom God hath committed the authority of reconciliation? if this be treason, God's will be done.

Then said both the judges, it was by a Romish priest, and therefore treason. I answered, it was by a catholic priest, who had the liberty of the prison, and was free for any man to come to him to relieve him; and, therefore, by the statute, no treason. Again, my lords, if it be not inquired of within a year and a day, there can be no advantage taken against me by this statute, if you wrong me not. Whereto replied one that sat under the judge; all this will not serve thy turn, for the jury must find it treason. Nay then, Sir, said I, if it must be, let it be; God's will be done. Then said justice Gaudy her majesty and her laws are merciful; if you will yet conform yourself, and say here, before the jury go forth, that you will go to church, we will proceed no farther. My lord, said I, if that be all the

offence I have committed, as I know it is; and if there be no other way but going to church to help it, I would not wish your lordship to think I have, (as I hope,) risen thus many steps towards heaven, and now will, wilfully, let my foot slip, and fall into the bottomless pit of hell. I hope in Jesus, he will strengthen me rather to suffer a thousand deaths, if I had so many lives to lose. Let your law proceed. Then, said the judge to the jury, you must consider of it; you see what is said; you cannot but find it treason by the law. And so they went forth, and stood not long to think upon the matter, but came again, and I was called and bidden again hold up my hand: they bid the jury look on the prisoner, whether he is guilty or no? and who shall speak for you? they all said, the foreman. He spoke so softly, that I could not hear him. I willed him to speak up, and not be afraid. Then he said, Guilty; to the which, I said, with a loud voice, laus tibi, Domine! rex æternæ gloriæ. When the rest were arraigned, and judgment was to be given, I was first called, and justice Gaudy said, What canst thou say for thyself, wherefore thou shouldest not have judgment of death? I answered, If that, which before I have said, will not serve, I can say no more. Good Rigby, said he, think not I seek your death, will you yet go to church? No, my lord: why then, said he, judgment must pass; with a good will, my lord, said I. Then he pronounced sentence, as you know the manner is, which, when he had ended, I said, Deo gratias, all is but one death, and a flea-bite, in comparison of that which it pleased my sweet Saviour Jesus to suffer for my salvation. I humbly thank your lordship for your great pains, and I freely forgive your lordship and the poor jury, and all other persecutors whatsoever. Well said, saith he, indeed you show your charity; and then gave judgment to the rest, and when he had done, he called us together, willing us to send for a minister, and provide for death. I desired his lordship to spare my presence, and bestow that counsel elsewhere, for I hope I am as well provided as by his exhortation I should be. If you be, said he, it is the better for you; God speed you well, and so we parted. I pray God forgive them all, and amend them, if it be his holy will. Amen.'

Thus much he wrote himself in prison, and sent it to a dear friend, who keepeth safe the original, saith Dr. W. For judge Gaudy procured him a reprieve, and he continued in prison till the next assizes; when, on Thursday, the 19th of June, justice Kingsmel now sitting upon criminal matters, and justice Gaudy upon civil only, Mr. Rigby was again brought to the bar, and asked by the judge whether he would yet go to church, or no? he answered, I thank God I am the same man that I was. It is not lawful to go to your church. I will not go to it. Then thou must die, said the judge, for longer reprieve thou canst not have; he answered, My lord that is the thing which I desire and look for, but I think myself far unworthy to die for so good a cause. judge perceiving he had no irons on his legs, sharply rebuked the keeper; who, thereupon, brought a strong pair of shackles, which Mr. Rigby taking into his hands, kneeled down, and making the sign of the cross, kissed them; and then the keeper's man rivetted them on very fast on both his legs, and so they continued all that day and the night following.

The

The next day he was brought again to the sessions house, where, after he had stood awhile, the irons fell off his legs upon the ground, at which he smiled, and told his keeper his shackles had fallen off, and bid him rivet them on faster, which he did, as he thought, very fast; but within a little time they fell off again, and then he called again upon his keeper and desired him to make them faster, for 1 esteem them, said he, jewels of too great price to be lost. The keeper's man that had put them on twice before, being much amazed, refused to put them on any more; so that the keeper ordered another of his men to do it. Then Mr. Rigby remembering that a catholic maid, called Mercy, had that morning told him, that, in the night, she saw, in her dream, his irons fall off from his legs, said to his keeper, now the maid's dream is found to be true. What the judges thought on the matter we know not, but they spoke no more to the prisoner; but, after much arguing among themselves, judge Kingsmel concluded that he should die; upon which occasion, judge Gaudy was by some seen to weep. Mr. Rigby being asked what he thought of that falling off of his irons, which most men thought to be miraculous, answered, he hoped it was a token that the bands of his mortality should shortly be loosed, as indeed, it proved. He spent the remainder of his time in preparing himself, by religious exercises, for his last end; and a friend asking him in what dispositions he found himself at the approach of death, he answered, I thank our Lord, in very great comfort and consolation of mind.

On Saturday, in the morning, being the 21st of June, word was brought him, that he was to die that day; he answered very cheerfully, Deo Gratias. It is the best tidings that ever was brought me since I was born. The minister of St. George's coming to him upon this occasion, and offering his help, Mr. Rigby courteously thanked him, but told him, 'We two, sir, are opposite in religion, and therefore I must not communicate with you in matters of faith. I have long looked for death; I am prepared, fully resolved, and most ready to offer up my life for so worthy a cause. Fare you well, sir; I pray God make you a good man.' Between five and six in the afternoon he was called for by one of the officers, and sweetly taking leave of the catholics, his fellow prisoners, he desired they would help him with their prayers in this his journey towards his true country. Then going down into the yard, where the hurdle waited for him, he knelt down by it, making the sign of the cross, and was beginning to say some prayers, but was interrupted by Mr. More, the under-sheriff's deputy. So rising up, and striking his hand upon the horse, he cheerfully said, Go thy ways, this is the joyfullest day that ever I knew. Then signing himself again with the sign of the cross, he laid himself upon the hurdle, showing so much alacrity in his smiling countenance, that the standers-by asked him, if he laughed from his heart? Yes, verily, said he, from my heart; and bear witness with me, all good people, that I am now forthwith to give my life only for the catholic cause. Mr. More told him, You die for treason, for being reconciled by a seminary priest: yes, said he, sir, but neither can that be treason, nor yet do I die for that only; for, as you know, the judge oftentimes offered to save my life if I would go

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