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. This text is an enriched version of the TCP digital transcription A18319 of text S107638 in the English Short Title Catalog (STC 4901). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 11 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A18319 STC 4901 ESTC S107638 99843335 99843335 8059 2248586323

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Early English books online. (EEBO-TCP ; phase 1, no. A18319) Transcribed from: (Early English Books Online ; image set 8059) Images scanned from microfilm: (Early English books, 1475-1640 ; 190:08) 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. [8] p. Printed by Christopher Barker, [London : 1583] Attributed to Thomas Norton; sometimes also attributed to William Cecil, Baron Burghley. Regarding the treatment of Edmund Campion and others. Printer's name and address from STC. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. eng Campion, Edmund, -- Saint, 1540-1581 -- Early works to 1800. Catholics -- England -- Early works to 1800. Torture -- England -- Early works to 1800. Great Britain -- History -- Elizabeth, 1558-1603 -- Early works to 1800. eebo A declaration of the fauourable dealing of her Maiesties commissioners appointed for the examination of certaine traitours, and of tortures vniustly r Norton, Thomas 1583 10 2019 2 0 0 0 0 0 9.91 B The rate of 9.91 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2002-11 Assigned for keying and markup 2002-12 Keyed and coded from ProQuest page images 2003-01 Sampled and proofread 2003-01 Text and markup reviewed and edited 2003-02 Batch review (QC) and XML conversion

❧ 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 pretended 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 Gentleman 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 the conference had with him by learned men in the Tower , wherin he was charitably vsed , was neuer so racked , but that 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 the staruing of one Alexander Briant , how he should eate clay out of the walles , gathered water to drinke from the droppings of houses , with such other false oftentations of immanitie : where the truth is this , that whatsoeuer Briant suffered in want of foode , he suffered the same wilfully & of extreme impudent obstinacie against the minde & liking of those that dealt with him . For certaine traiterous writings being founde about him , it was thought conuenient 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 the 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 , that neuer any of these Seminaries , or such other pretended Catholiques which at any time in her Maiesties raigne haue bene put to the racke , were vpon the Racke or in other torture demanded any question 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 that he wilfully said vntruely . But if he said that 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 present at those actions , must needes acknowledge in her Maiesties ministers , a ful purpose to follow the example of her owne most gratious disposition : whome God long preserue .

Thus it appeareth , that 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 the 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 .