Secondly, that none of those catholics who have been racked during her majesty's reign were, "upon the rack or in any other torture," demanded of any points of faith and doctrine merely, "but only with what persons, at home or abroad, and touching what plots and practises they had dealt... about attempts against her majesty's estate or person, or to alter the laws of the realm for matters of religion, by treason or by force; and how they were persuaded themselves and did persuade others, touching the pope's pretence of authority to depose kings and princes; and namely for deprivation of her majesty, and to discharge subjects from their allegiance." &c.
"Thirdly, that none of them have been put to the rack or torture, no not for the matters of treason, or partnership of treason, or such like, but where it was first known and evidently probable, by former detections, confessions, and otherwise, that the party was guilty, and could deliver truth of the things wherewith he was charged; so as it was first assured that no innocent was at any time tormented, and the rack was never used to wring out confessions at adventure upon uncertainties." &c.
"Fourthly, that none of them hath been racked or tortured unless he had first said expressly, or amounting to as much, that he will not tell the truth though the queen did command him." &c.
"Fifthly, that the proceeding to torture was always so slowly, so unwillingly, and with so many preparations of persuasions to spare themselves, and so many means to let them know that the truth was by them to be uttered, both in duty to her majesty, and in wisdom for themselves, as whosoever was present at those actions must needs acknowledge in her majesty's ministers a full purpose to follow the example of her own gracious disposition."... "Thus it appeareth, that albeit, by the more general laws of nations, torture hath been and is lawfully judged to be used in lesser cases, and in sharper manner, for inquisition of truth in crimes not so near extending to public danger as these ungracious persons have committed, whose conspiracies, and the particularities thereof, it did so much import and behove to have disclosed; yet even in that necessary use of such proceeding, enforced by the offenders notorious obstinacy, is nevertheless to be acknowledged the sweet temperature of her majesty's mild and gracious clemency, and their slanderous lewdness to be the more condemned, that have in favor of heinous malefactors and stubborn traitors spread untrue rumours and slanders, to make her merciful government disliked, under false pretence and rumors of sharpness and cruelty to those against whom nothing can be cruel, and yet upon whom nothing hath been done but gentle and merciful."
This is a document which speaks sufficiently for itself. Torture, in any shape, was even at this time absolutely contrary to the law of the land; and happily, there was enough of true English feeling in the country, even under the rule of a Tudor, to render it expedient for Elizabeth, soon after the exposition of these "favorable dealings" of her commissioners, to issue an order that no species of it should in future be applied to state-prisoners on any pretext whatsoever.
Parsons the Jesuit, who had been fortunate enough to make his escape when his associate Campion was apprehended, is believed to have been the papist who sought to avenge his party on its capital enemy by the composition of that virulent invective called "Leicester's Commonwealth:" a pamphlet which was printed in Flanders in 1584, and of which a vast number of copies were imported into England, where it obtained, from the color of the leaves and the supposed author, the familiar title of "Father Parsons' Green-coat." In this work all the current stories against the unpopular favorite were collected and set forth as well attested facts; and they were related with that circumstantiality and minuteness of detail which are too apt to pass upon the common reader as the certain and authentic characters of truth. The success of this book was prodigious; it was read universally and with the utmost avidity. All who envied Leicester's power and grandeur; all who had smarted under his insolence, or felt the gripe of his rapacity; all who had been scandalized, or wounded in family honor, by his unbridled licentiousness; all who still cherished in their hearts the image of the unfortunate duke of Norfolk, whom he was believed to have entangled in a deadly snare; all who knew him for the foe and suspected him for the murderer of the gallant and lamented earl of Essex;—finally, all, and they were nearly the whole of the nation, who looked upon him as a base and treacherous miscreant, shielded by the affection of his sovereign and wrapped in an impenetrable cloud of hypocrisy and artifice, who aimed in the dark his envenomed weapons against the bosom of innocence;—exulted in this exposure of his secret crimes, and eagerly received and propagated for truth even the grossest of the exaggerations and falsehoods with which the narrative was intermixed.
Elizabeth, incensed to the last degree at so furious an attack upon the man in whom her confidence was irremoveably fixed, caused her council to write letters to all persons in authority for the suppression of these books, and punishment of such as were concerned in their dispersion; adding at the same time the declaration, that her majesty "testified in her conscience before God, that she knew in assured certainty the books and libels against the earl to be most malicious, false and scandalous, and such as none but an incarnate devil himself could dream to be true." The letters further stated, that her majesty regarded this publication as an attempt to discredit her own government, "as though she should have failed in good judgement and discretion in the choice of so principal a councillor about her, or to be without taste or care of all justice or conscience, in suffering such heinous and monstrous crimes, as by the said books and libels be infamously imputed, to pass unpunished; or finally, at the least, to want either good will, ability or courage, if she knew these enormities were true, to call any subject of hers whatsoever to render sharp account of them, according to the force of her laws." The councillors in their own persons afterwards went on to declare, that they, "to do his lordship but right, of their sincere consciences must needs affirm these strange and abominable crimes to be raised of a wicked and venomous malice against the said earl, of whose good service, sincerity of religion, and all other faithful dealings towards her majesty and the realm, they had had long and true experience."
These letters said too much; it was not credible that either her majesty or her privy-councillors should each individually know to be false all the imputations thrown upon Leicester in the libels written against him; there was even good reason to believe that many of them were firmly believed to be well founded by several, and perhaps most, of the privy-councillors; at all events nothing like exculpatory evidence was brought, or attempted to be brought, on the subject, consequently no effect was produced on public opinion; the whole was regarded as an ex-parte proceeding. Philip Sidney, who probably set out with a sincere disbelief of these shocking accusations brought against any uncle who had shown for him an affection next to parental, eagerly took up the pen in his defence. But the only point on which his refutation appears to have been triumphant, was unfortunately one of no moral moment,—the antiquity and nobility of the Dudley family, falsely, as it seems, impugned by the libeller. Some inconsistencies and contradictions he indeed pointed out in other matters; but, on the whole, the answer was miserably deficient in every thing but invective, of which there was far too much; and either from a gradual perception of the badness of his cause or the weakness of his performance, or perhaps for other reasons with which we are unacquainted, he abandoned his design; and the fragment never saw the light till the publication of the Sidney Papers about sixty years ago. But whatever might be the private judgements of men concerning the character and conduct of the earl of Leicester; the support of the queen, and the strength of the party which the long possession of power, and a remarkable fidelity in the observance of his engagements towards his own adherents, had enabled him to form, effectually protected him from experiencing any decline of his political influence. Of this a proof appeared soon after, when in consequence of further disclosures of the dangerous designs of the catholics, a form of association, by which the subscribers bound themselves to pursue, to the utmost of their power, even to the death, all who should attempt any thing against the queen in favor of any pretender to the crown, was drawn up by this nobleman and obtained the signatures of all orders of men.
This was a measure which the queen of Scots perceived to be aimed expressly against herself, and of which she sought to divert the ill effects by all the means still within her power. She desired to be one of the first to whom the association should be offered for subscription; and she begged that this act might form the basis of a treaty by which all differences between herself and Elizabeth might be finally composed, and her long captivity exchanged at length, if not for absolute freedom, at least for a state of comparative independence under articles guarantied by the principal powers of Europe. These articles, far different from the former claims of Mary, appeared to Walsingham so advantageous to his mistress, by the exemption which they seemed to promise her from future machinations on the part of the queen of Scots, that he strenuously urged their acceptance; but it was in vain. Mutual injuries, dissimulation on both sides, and causes of jealousy on the part of Elizabeth from which all her advantages over her captive enemy had not served to set her free, now, as ever, opposed the conclusion of any terms of agreement; and the imprudent and violent conduct of Mary served to confirm Elizabeth in her unrelentingness. Even while the terms were under discussion, a letter was intercepted addressed by the queen of Scots to sir Francis Englefield, an English exile and pensioner in Spain, in which she thus wrote: "Of the treaty between the queen of England and me, I may neither hope nor look for good issue. Whatsoever shall become of me, by whatsoever change of my state and condition, let the execution of the Great Plot go forward, without any respect of peril or danger to me. For I will account my life very happily bestowed, if I may with the same help and relieve so great a number of the oppressed children of the Church.... And further, I pray you, use all possible diligence and endeavour to pursue and promote, at the pope's and other kings' hand, such a speedy execution of their former designments, that the same may be effectuated sometime this next spring." &c. It must be confessed, that after such a letter Mary had little right to complain of the failure of these negotiations. The countess of Shrewsbury, now at open variance with her husband, had employed every art to infuse into the queen suspicions of a too great intimacy subsisting between the earl and his prisoner; and Elizabeth, either from a jealousy which the long fidelity of Shrewsbury to his arduous trust was unable to counteract, or, as was believed, at the instigation of some who meant further mischief to Mary, ordered about this time her removal to the custody of sir Amias Paulet and sir Drugo Drury.
This change filled the mind of the captive queen with terror, which prepared her to listen with avidity to any schemes, however desperate, for her own deliverance and the destruction of her enemy; and proved the prelude to that tragical castastrophe which was now advancing fast upon her.