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A18319 A declaration of the fauourable dealing of her Maiesties commissioners appointed for the examination of certain traitours and of tortures vniustly reported to be done vpon them for matters of religion. 1583. Norton, Thomas, 1532-1584.; Burghley, William Cecil, Baron, 1520-1598, attributed name. 1583 (1583) STC 4901; ESTC S107638 3,615 10

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❧ A Declaration of the fauourable dealing of her Maiesties Commissioners appointed for the Examination of certaine Traitours and of tortures vniustly reported to be done vpon them for matters of religion 1583. To the Reader GOod Reader although her Maiesties most milde and gracious gouernement bee sufficient to defende it selfe against those most slaunderous reportes of heathenish vnnatural tyrannie and cruell tortures pretēded to haue bene executed vpon certaine traitors who lately suffred for their treason others aswell spread abroad by Runnagate Iesuites and Seminary men in their seditious bookes letters libels in forreine countries and Princes Courtes as also insinuated into the hearts of some of our owne countrie men and her Maiesties Subiectes Yet for thy better satisfaction I haue conferred with a very honest Gentlemā whom I knew to haue good sufficient meanes to deliuer the trueth against such forgers of lyes and shameles slaunders in that behalf which he and other that do know haue affirmed the same will at all times iustifie And for thy further assurance and satisfaction herein he hath set downe to the vewe of all men these notes following TOuching the racke and torments vsed to such traitors as pretended them selues to bee Catholiques vpon whom the same haue bene exercised it is affirmed for trueth and is offered vpon due examination so to be proued to bee as followeth First that the formes of torture in their seueritie or rigour of execution haue not bene such and in such maner perfourmed as the sclaunderers and seditious libellers haue sclaunderously and malitiously published And that euen the principall offender Campion himselfe who was sent and came from Rome and continued here in sundrie corners of the Realme hauing secretly wandered in the greatest part of the shieres of Englande in a disguised sort to the intent to make speciall preparation of treasons and to that ende for furtherance of those his labors sent ouer for more helpe and assistance and cunningly and traiterously at Rome before he came from thence procured tolleration for such prepared rebels to keepe themselues couert vnder pretence of temporarie and permissiue obedience to her Maiestie the state standing as it doth but so soone as there were sufficient force whereby the bull of her Maiesties depriuation might bee publikely executed they shoulde then ioyne altogether with that force vpon peine of curse and damnation that very Campion I say before y e conference had w t him by learned men in y e Tower wherin he was charitably vsed was neuer so racked but y t he was presently able to walke to write did presently write suscribe al his confessions as by the originales therof may appeare A horrible matter is also made of y e staruing of one Alexander Briant how he should eate clay out of y e walles gathered water to drinke from the droppings of houses w t such other false oftentations of immanitie where y e truth is this y t whatsoeuer Briant suffered in want of foode he suffered the same wilfully of extreme impudent obstinacie against y e minde liking of those that dealt w t him For certaine traiterous writings being founde about him it was thought conueniēt by conference of hands to vnderstand whose writing they were thereupon he being in her Maiesties name commaunded to write which he coulde very well doe and being permitted to him to write what he woulde himselfe in these termes that if he liked not to write one thing he might write an other or what he lysted which to doe being charged in her Maiesties name was his duetie and to refuse was disloyall and vndutifull yet the man woulde by no meanes be induced to write any thing at all Then was it commanded to his keeper to giue vnto him such meate drinke and other conuenient necessaries as he woulde write for and to forbeare to giue him any thing for which he would not write But Briant being thereof aduertised and oft moued to write persisting so in his curst heart by almost two dayes and two nightes made choise rather to lack foode then to write for y e sustenance which hee might readely haue had for writing which he had indede redely plentifully so soone as he wrote And as it is sayde of these two so is it to be truely sayde of other with this that there was a perpetuall care had and the Queenes seruantes the Warders whose office and act it is to handle the racke were euer by those that attended the examinations specially charged to vse it in as charitable maner as such a thing might be Secondly it is said and likewise offered to be iustified y t neuer any of these Seminaries or such other pretended Catholiques which at any time in her Maiesties raigne haue bene put to y e racke were vpon the Racke or in other torture demanded any questiō of their supposed conscience as what they beleeued in any point of doctrine or faith as the Masse Transubstantiation or such like but onely with what persons at home or abroad and touching what plats practises and conferences they had dealt about attempts against her Maiesties estate or person or to alter the Lawes of the Realme for matters of Religion by treason or by force and howe they were perswaded them selues and did perswade other touching the Popes bul and pretense of authoritie to depose Kings and Princes and namely for depriuation of her Maiestie and to discharge subiectes from their allegeance expressing herein alway the Kingly powers and estates and the subiectes allegeance ciuily without mentioning or meaning therein any right that the Queene as in right of the Crowne hath ouer persons Ecclesiasticall being her subiectes In all which cases Campion the rest neuer answered plainely but sophisticially decei●●●ully and traiterously restraining their confession of allegeance onely to the permissiue forme of the Popes toleration As for example if they were asked whether they did acknowledge them selues the Queenes subiectes and woulde obey her they woulde say Yea for so they had leaue for a time to doe But adding more to the question and they being asked if they woulde so acknowledge and obey her any longer then the Pope woulde so permit them or not withstanding such commandement as the Pope woulde or might giue to the contrary them they eyther refused so to obey or denyed to answer or said that they coulde not answere to those questions without daunger which very answere without more saying was a plaine answere to all reasonable vnderstanding that they woulde no longer be subiectes nor perswade other to be subiectes then the Pope gaue licence And at their very arraignement when they laboured to leaue in the minds of the people and standers by an opinion that they were to dye not for treason but for matter of faith and conscience in doctrine touching the seruice of God without any attempt or purpose against her Maiestie they cryed out that they were true subiectes and did and would obey and serue her Maiestie Immediately to proue whether that hypocriticall and sophistical speach extended to a perpetuitie of their obedience or to so long time as the Pope so permitted or no they were openly in place of Iudgement asked by the Queenes learned counsell whether they would so obey and be true subiectes if the Pope comma●ded the contrary they plainely disclosed them selues in answere saying by the mouth of Campion this place meaning the Court of her Maiesties Bench hath no power to enquire or iudge of the holy Fathers authoritie and other answere they would not make Thirdly that none of them haue bene put to the racke or torture no not for the matters of Treason or partnership of treason or such like but where it was first knowen and euidently probable by former detections confessions and otherwise that the partie so racked or tortured was guylty and did knowe and coulde deliuer trueth of the thinges wherewith he was charged so as it was first assured that no innocent was at any time tormented and the racke was neuer vsed to wring out confessions at aduenture vpon vncerteinties in which doing it might bee possible that an innocent in that case might haue bene racked Fourthly that none of them hath bene racked or tortured vnlesse hee had first sayd expressely or amounting to asmuch that he wil not tell the trueth though the Queene commaund him And if any of them being examined did say he could not tell or did not remember if hee woulde so affirme in such maner as Christians among Christians are beleeued such his answere was accepted if there were not apparant euidence to proue y t he wilfully said vntruely But if he said y t his answere in deliuering trueth shoulde hurt a Catholike and so be an offence against charitie which they said to be sinne and that the Queene coulde not commande them to sinne and therefore howsoeuer the Queene commaunded they would not tell the trueth which they were knowen to know or to such effect they were then put to the torture or els not Fiftly that the proceeding to torture was alway so slowly so vnwillingly and with so many prepararations of perswasions to spare themselues and so many meanes to let them know that the trueth was by them to be vttered both in duetie to her Maiestie in wisedome for themselues as whosoeuer was presēt at those actiōs must needes acknowledge in her Maiesties ministers a ful purpose to follow y e example of her owne most gratious disposition whome God long preserue Thus it appeareth y t albeit by the more generall lawes of nations torture hath bene and is lawfully iudged to be vsed in lesser cases and in sharper maner for inquisition of trueth in crimes not so neere extending to publike danger as these vngratious persons haue committed whose conspiracies and the particularities thereof it did so much import and behoue to haue disclosed yet euen in that necessarie vse of such proceeding enforced by y e offenders notorious obstinacie is neuerthelesse to be acknowledged the sweete temperature of her Maiesties milde and gratious clemencie their slaunderous lewdenes to be the more condemned that haue in fauour of haynous malefactours and stubborne traytors spred vntrue rumors and slaunders to make her mercifull gouernment disliked vnder false pretence rumors of sharpenesse and crueltie to those against whome nothing can be cruel and yet vpon whome nothing hath bene done but gentle and mercifull FINIS