The Catholic World, Vol. 16, October 1872-March 1873Various
Religion
The Catholic World, Vol. 16, October 1872-March 1873
Various
Catholic Church -- Periodicals
Gerard and Tesimond having fled the country to avoid the popular tumult,
“which,” says Mr. Dixon, “took no note of the difference between the
children of S. Edward and the pupils of S. Ignatius,” the only remaining
victim was the provincial Father Garnett. Him the government spies soon
hunted down, and in company with Father Ouldcorne arrested at Hendlip
House and lodged in the tower. This capture occurred on the 28th of
February, and his trial took place on the 28th of March; the intervening
month having been spent by the officers of the crown in procuring evidence
of his guilt, but with so little success that an attempt was made to
procure his condemnation by parliament, without the intervention of a
jury, by inserting surreptitiously a clause in the bill of attainder
introduced against the families of Digby and others. Cajolery was first
resorted to, next torture, then the subterfuge of allowing him speech with
his fellow‐prisoner Ouldcorne, overheard unknown to them by persons
secretly hidden for the purpose, and again torture, but all to no effect.
He at first refused to admit any knowledge of the conspiracy, but finally
confessed that he had heard of it from Father Tesimond (Greenway) under
the seal of confession, and that he had reprimanded that priest for ever
so communicating it to him, and had admonished him to use all efforts to
dissuade the conspirators from their rash designs. This was all that could
be proved against him at his trial, but he was of course condemned, not
however for treason, but for misprision of treason, and two months after
executed, declaring his entire innocence most solemnly. Father Ouldcorne,
who was also found guilty of knowledge after the fact, on no better
evidence, suffered with him.
The provincial was examined no less than twenty‐three times before his
trial, and much stress was laid during its progress and long afterwards on
his equivocations in answer to the various searching queries touching the
guilt of himself and others. The question of the morality of such evasion
of the truth under the peculiar circumstances has, however, no practical
value for us, as now by the well‐recognized policy of law in all civilized
countries no person is bound to criminate himself either as a principal or
a witness, and every individual is allowed to be the judge of his own case
in this respect. No one has a right to entrap a prisoner into a confession
of guilt, much less compel disclosures by foul means or torture.
Public-domain text, read in full here on John Shaqi.
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