Memorabilia; Or Recollections, Historical, Biographical, and AntiquarianSavage, James
History
Memorabilia; Or Recollections, Historical, Biographical, and Antiquarian
Savage, James
History -- Miscellanea; Savage, James, 1767-1845
In the third year of King Charles the first, Felton was threatened with
the rack by the Earl of Dorset in the Tower, and Laud, then bishop of
London, repeated the threats in council, but the king insisted upon the
judges being consulted as to the legality of the application, and they
being unanimously of opinion that it was illegal, it was never attempted
afterwards. The answer which Felton made to Laud’s threats, is well
worthy of attention; when Laud told him “if he would not confess he must
go to the rack,” he replied “if it must be so, he could not tell whom he
might nominate in the extremity of torture, and if what he should say
then was to go for truth, he could not tell whether his Lordship
(meaning the bishop of London) or which of their Lordships he might
name, for torture might draw unexpected things from him.”
In the year 1680 (32 Charles 2d) Elizabeth Collier was tried at the Old
Bailey,[28] before Mr. Baron Weston, for the publication of a libel, in
which many circumstances were related for the purpose of inducing a
belief that Prance, when a prisoner in Newgate, had been tortured there,
and he was produced to prove the falsehood of the publication. The
learned judge in summing up the evidence to the jury said, “But you must
first know the laws of the land do not admit a torture, and since Queen
Elizabeth’s time there hath been nothing of that kind ever done. The
truth is indeed, in the twentieth year of her reign, Campion was just
stretched upon the rack, but yet not so but he could walk; but when she
was told it was against the law of the land to have any of her subjects
racked (though that was an extraordinary case, a world of seminaries
being sent over to contrive her death, and she lived in continual
danger) yet it was never done after to any one, neither in her reign,
who reigned twenty-five years, nor in king James’s reign, who reigned
twenty-two years after, nor in king Charles the first’s reign, who
reigned twenty-four years after; and GOD in Heaven knows there hath been
no such thing offered in this king’s reign; for I think we may say we
have lived under as lawful and merciful a government as any people
whatsoever, and have as little blood shed, and sanguinary executions as
any nation under heaven.”
The learned judge may have been mistaken when stating Campion to be the
last person racked, for in Murden’s state papers, one Atslow, as before
observed, is mentioned to have been tortured four years afterwards. Mr.
Baron Weston states that upon a suggestion made to Queen Elizabeth of
the illegality of the practice, it was discontinued in her reign, and
thus we may account for Campion being racked with so little severity, as
to be able to walk afterwards, and to manage the conferences with
protestant doctors during his confinement in prison.
Public-domain text, read in full here on John Shaqi.
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