But to return from this digression to Rapin. We learn from him, that Elizabeth herself,
whom no one will charge with over-tenderness, reprobated the cruelties practised upon the catholics. "Meanwhile," says he, "the queen sent for the judges of the realm, and sharply reproved them for having been too severe in the tortures they had made these men suffer[[22]]." We have only to reflect on this passage of
Rapin, to appreciate the evidence furnished by the state trials of those days, the actio in proditores, and the reporters of "Criminels de Lege Majesté," so often cited by the enemies of the Jesuits. It was not only in catholic countries, we see, that the rack and other modes of torture were made the tests of truth; but they have been so long abhorred by Englishmen, that I fondly believed that there was not one among us who would allow himself to cite the efficacy of them as a proof in any argument. Their inefficacy, indeed, may justly be cited in testimony; for what they extort is in all probability false, what they fail to extort is in all probability true. If this reasoning be sound, how many blameless, how many virtuous men has the hand of party in this country consigned to cruel deaths[[23]]! In addition to what Rapin
states of Elizabeth, it is not irrelevant to add here what Camden reports of her on the same subject: he tells us expressly, that she thought most of the priests were innocent, or, which is the same thing, that she did not believe them guilty. His words are, Plerosque tamen ex misellis his sacerdotibus exitii in patriam conflandi conscios fuisse non credidit[[24]].
Of the fairness of their trials in still later times, those of Charles II, we have specimens in Hume's History. Why was not Hume quoted by the writer of the pamphlet? We find more of Jesuits in his pages than in Rapin's, and something against them too; but Hume, like Robertson, was guided by principle
on this subject; that is, he stated the character of the order from the pictures which he had received of it; but, at the same time, he exposed the injustice of the trials in which the Jesuits were involved, and the invalidity of the evidence produced against them. The whole of his sixty-seventh chapter is, in fact, however unintended, a memorial in favour of the Jesuits, and a philippic on their enemies. As these pages may fall into the hands of some persons who may not have the opportunity or the leisure to read this portion of his history, I shall make the following extract, as a testimony of the horrid injustice practised in former times; and I am very much mistaken if any man of feeling and sound intellect will read it without indignation against the Oateses and Bedloes of the present day.—"But even during the recess of parliament there was no interruption to the prosecution of the catholics accused: the king found himself obliged to give way to this popular fury. Whitebread, provincial of the Jesuits, Fenwic,
Gavan, Turner, and Harcourt, all of them of the same order, were first brought to their trial. Besides Oates and Bedloe, Dugdale, a new witness, appeared against the prisoners. This man had been steward to lord Aston, and, though poor, possessed a character somewhat more reputable than the other two; but his account of the intended massacres and assassinations was equally monstrous and incredible. He even asserted, that two hundred thousand papists in England were ready to take up arms. The prisoners proved, by sixteen witnesses from St. Omers, students, and most of them young men of family, that Oates was in that seminary at the time when he swore that he was in London: but, as they were catholics, and disciples of the Jesuits, their testimony, both with the judges and jury, was totally disregarded. Even the reception, which they met with in court, was full of outrage and mockery. One of them saying, that Oates always continued at St. Omers, if he could believe his senses; 'you
papists,' said the chief justice, 'are taught not to believe your senses.' It must be confessed, that Oates, in opposition to the students of St. Omers, found means to bring evidence of his having been at that time in London: but this evidence, though it had, at that time, the appearance of some solidity, was afterwards discovered, when Oates himself was tried for perjury, to be altogether deceitful. In order farther to discredit that witness, the Jesuits proved, by undoubted testimony, that he had perjured himself in father Ireland's trial, whom they showed to have been in Staffordshire at the very time when Oates swore that he was committing treason in London. But all these pleas availed them nothing against the general prejudices. They received sentence of death; and were executed, persisting to their last breath, in the most solemn, earnest, and deliberate, though disregarded, protestations of their innocence[[25]]."
I must not forget, that I am still producing the authorities quoted against the Jesuits. Having been led by these into adducing the favourable testimony of Hume, I mean not to dissemble his objections to the order: these are, their zeal for proselytism, and their cultivation of learning for the nourishment of superstition. The zeal for proselytism, in itself, can be no crime; and, if unconnected with the treasons, persecutions, and vices, so abundantly charged upon the catholics, it is a natural sentiment of the mind. It is indeed that propensity, which, so violently condemned in catholics, has been the chief propagator of every sect since the reformation to the present moment, and not without symptoms of rebellion, and even of king-killing. Some instances, to show this, will not be uninteresting here. The heads of the reformers, in Scotland, as we are informed by Hume, being desirous to propagate their principles, entered privately into a bond, or association, and called themselves the congregation of