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But in order still to keep alive the zeal against Popery, the earl of Shaftesbury appeared in Westminster Hall, attended by the earl of Huntingdon, the lords Russel, Cavendish, Grey, Brandon, Sir Henry Caverly, Sir Gilbert Gerrard, Sir William Cooper, and other persons of distinction, and presented to the grand jury of Middlesex reasons for indicting the duke of York as a Popish recusant.
The chief justice was very obnoxious for dismissing the grand jury in an irregular manner, and thereby disappointing that bold measure of Shaftesbury and his friends, who had presented the duke as a recusant.
The finest Early Renaissance municipal building is the picturesque guild hall at Exeter, with its richly ornamented front projecting over the pavement and carried on arches. The market-house at Rothwell is a beautifully designed building erected by Sir Thomas Tresham in 1577. Being a Recusant, he was much persecuted for his religion, and never succeeded in finishing the work.
My cognizance of the pit had become known to the inquisitorial agents the pit whose horrors had been destined for so bold a recusant as myself the pit, typical of hell, and regarded by rumor as the Ultima Thule of all their punishments.
And troth when they fand them, they didna mak muckle mair ceremony than a Hielandman wi' a roebuck it was just, 'Will ye tak the test? if not, 'Make ready present fire! and there lay the recusant. Far and wide was Sir Robert hated and feared.
The recusant minority have been heavily censured by our recent historians for consenting to these attainders.
Cotton, a Catholic recusant and royalist. There he was received and secreted by William Penderell and his wife, the servants entrusted with the care of the mansion; and having recovered his strength, was conducted by the former to the royal army at Worcester. Clarendon, iii. 399, 403. Memoirs of the Stanleys, 112-114. Journals, Aug. 29. Leicester's Journal, 116. Boscobel, 6-8.
Another, who has been cleverly allowed to witness the manner in which recusant parties are dealt with, is dragged before the judge, his back bared, and he falls on his knees to make answer. No skilful lawyers here to defend and throw around the prisoner the safeguards of the law; but neither is there any upon the side of the prosecution.
With his immediate following he thereupon does sail far southward. In October, 1629, he comes in between the capes, past Point Comfort and so up to Jamestown to the embarrassment of that capital, as will soon be evident. Here in Church of England Virginia was a "popish recusant!"
Unless, therefore, some particular reservation had been made in Westerhall's favour, of which there is no existing record, he had no more jurisdiction than Claverhouse, and both were equally guilty of breaking the law. It was, indeed, still open to Claverhouse to act as he had acted with John Brown to put the abjuration oath, and, on its being refused, to order the recusant to instant execution.
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