[52] “A Declaration of the favourable Dealing of her Majesties Commissioners appointed for the Examination of certaine Traytours, and of Tortures unjustly reported to be done upon them for Matters of Religion, 1583.” Reprinted in “Harleian Miscellanies,” iii. 565-8, and in “Somers’s Tracts,” i. 209-12. In the latter the tract is ascribed to Burghley. I think that the only non-official defence of torture published in England is contained in a pamphlet published in 1656, under the Commonwealth, by Sir R. Wiseman (the title belongs to the Restoration). He writes: “So that to bring men to the rack in such cases [where there was only one witness] for trials sake is not to be censured for cruelty.… This rigour of the Law (if it be any) is recompensed with advantage to the whole Commonwealth; for by the terror hereof it is free from the machinations of wicked and lewd men.” (“The Law of Laws,” 1656.) It was written when Cromwell’s power and life were the object of numerous plots, but there is nothing in the book to connect this defence of torture with current affairs. The last _recorded_ case of torture in England, and the last that a careful inquirer could discover, was on May 21, 1640, Jardine, David, “A Reading on the Use of Torture in England,” 1837, pp. 57, 58, 108, 109. [53] Ed. Oxford, 1865, i. 26-7. [54] Book i. c. 34, § 33. [55] Chron. Barth. Cotton, ed. Luard, p. 228. [56] Chron. Year Books of Edward I., years 30-31, p. 499. [57] Rymer, “Fœdera,” vi. 13. [58] Year Book, 8 Henry IV., Michaelmas term. [59] Holinshed, i. 185. [60] Mr. John Mush’s Life of Margaret Clitherow, in “The Troubles of Our Catholic Forefathers,” by Father John Morris, 3rd series, 1877, p. 432. [61] “The Unhappy Marksman,” in Thomasson Tracts, Brit. Mus. (E. 972), reprinted in “Harleian Mis.,” vol. iv. [62] “Et sic nota que il ne dit co̅e Britton ad dit deuant, s. que ceo serra son diet ta̅que il voet doner direct respons, mes que ceo serra son diet tanqz il soit mort absolutement: sans ascun condition en le iudgement expresse ou implie, s. que a tel te̅ps que il voile responder, il serra release de son penance. Car tiel releas nad estre view a nul te̅ps. & ne serroit reason que per tiel repentance: le roy serroit tolle del forfaiture de les biens le felon, a quel il est intitle per le dit iugem̅t du pain fort et dure” (Fols. 150b, 151). [63] See Annals, 1721, February 8th and December 22nd. [64] A Report of Divers Cases, &c., collected by Sir John Kelyng Knight, ed. 1708, p. 27. [65] See in Annals, under 1538, July, and 1556, July 2nd. [66] “State Trials,” ii. 335. [67] Blount, “Glossogr.,” 1656: “Deric … is with us abusively used for a Hang-man.” [68] George Lord Carew, to Sir Thomas Roe, in “Cal. of State Papers,” Domestic series, 1611-8, p. 428. [69] See in Annals, under 1649. [70] Luttrell, i. 271. [71] “Autobiography of Sir John Bramston” (Camden Society), p. 192. [72] _Gentleman’s Magazine_, 1750, pp. 233, 425. [73] Ibid., 1767, p. 276.