Chap. VIII. The HISTORY of the PtJBITANSS. 377 " ° purpofe is to take the penalty of the tranfgreffions againft yotir Queen " laws. . Elizabeth, " If your council were wife, they would not kindle your wrath 5t,..-V-;,,, " againft us; but madam, if you give ear to their words, no marvail " though you have no better counfellors." It appears by this petition, as well as by his letter fent to to the con- His trial gregation of feparatifls in London, that Mr. Penry was a Brownifl. His and fentence.' book of obfervations was allo feized, out of which were drawn articles of accufation againft him. He was indifted upon the ftatute of 23 Elix. chap. 2d. for feditious words and rumours uttered againfl the queen's moll . excellent maje/ly, tending to the /lirring up of rebellion among her fubjeds; and was convilted of felony, May 21, in the King's-bench, before the lord chief juftice Popham. He received fentence of death May 25. and was executed on the 29th of the fame month. It was defigned to indkt him for the books puhlifhed in his name ; but by the advice of cóunfel, Mr. Penry drew up a paper, entitled, Mr. Penry's declaration, May 16, L. IfWhit- 1593 That be is not in danger of thelaw 'Or the books publifhed in his name. gift) P. 452. Here he oblerves, that the (brute was not intended againft fuch as wrote only againft the hierarchy of the church ; for then it mull condemn many of the moil learned proteftants both at home and abroad ; but relates to fuch as defame her majefly'u royal perfon : whereas he had always wrote molt dutifully of her perfon and government, having never encouraged fedition, or infurreétion againft her majefty, but the contrary: nor had he ever been at any affembly or conventicle, where any, under or above the number of twelve, were affembled with force ofarms, or otherwife, to alter any thing eftablifhed by law: nor was it his opinion that private perlons fhould of their ovvn authority, attempt any fuch thing; for he had always wrote and (poke to the contrary. But however, if all this had been true, he ought to have been accufed within one month of the crime, upon the oath of two witneffes, and have been indkted within one year; otherwife the ftatute itfelf clears him in exprels words. The court apprehending this declaration might occafion an argument Ha eon- at law, fet afide his printed books, and convifted him upon the petitionplaints to tie and private obfervations above- mentioned, which was Rill harder, as hetreafurer. reprefented it himfelf in the following letter to the lord treafurer, with á proteftation enclofed, immediately after his condemnation. " Vouch- " fafe, I befeech your lordfhip (right honourable) to read the enclofed t° writing. My days, I fee, are drawing to an end, and I thank God as " undeferved end, except theLord ftrr up your honour' to acquaint her ma- " jelly with myguiltlefs date. " The caufe is mart lamentable, that the private obfervations of any " ji)udent being in aforeign land, andwifbing well 10 bisprince andcountry, 7 oL.. L C C e 65 fbould
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