rmented, and the rack was
never used to wring out confessions at adventure upon uncertainties."
&c.
"Fourthly, that none of them hath been racked or tortured unless he had
first said expressly, or amounting to as much, that he will not tell the
truth though the queen did command him." &c.
"Fifthly, that the proceeding to torture was always so slowly, so
unwillingly, and with so many preparations of persuasions to spare
themselves, and so many means to let them know that the truth was by
them to be uttered, both in duty to her majesty, and in wisdom for
themselves, as whosoever was present at those actions must needs
acknowledge in her majesty's ministers a full purpose to follow the
example of her own gracious disposition."... "Thus it appeareth, that
albeit, by the more general laws of nations, torture hath been and is
lawfully judged to be used in lesser cases, and in sharper manner, for
inquisition of truth in crimes not so near extending to public danger as
these ungracious persons have committed, whose conspiracies, and the
particularities thereof, it did so much import and behove to have
disclosed; yet even in that necessary use of such proceeding, enforced
by the offenders notorious obstinacy, is nevertheless to be acknowledged
the sweet temperature of her majesty's mild and gracious clemency, and
their slanderous lewdness to be the more condemned, that have in favor
of heinous malefactors and stubborn traitors spread untrue rumours and
slanders, to make her merciful government disliked, under false pretence
and rumors of sharpness and cruelty to those against whom nothing can be
cruel, and yet upon whom nothing hath been done but gentle and
merciful."
This is a document which speaks sufficiently for itself. Torture, in any
shape, was even at this time absolutely contrary to the law of the land;
and happily, there was enough of true English feeling in the country,
even under the rule of a Tudor, to render it expedient for Elizabeth,
soon after the exposition of these "favorable dealings" of her
commissioners, to issue an order that no species of it should in future
be applied to state-prisoners on any pretext whatsoever.
Parsons the Jesuit, who had been fortunate enough to make his escape
when his associate Campion was apprehended, is believed to have been the
papist who sought to avenge his party on its capital enemy by the
composition of that virulent invective called "Leicester's
Commonwealth:" a pamp
|