HISTORICAL MEMOIRS RESPECTING THE ENGLISH, IRISH, AND SCOTTISH CATHOLICS FROM THE REFORMATION TO THE NINETEENTH CENTURY

XVIII.

PERSECUTION OF THE CATHOLICS.

 

IN the history of religious persecution, the reign of Elizabeth fills a considerable space.

I, The laws against the roman-catholics:

II, The number of those, who suffered capitally under them:

III, And the infliction of the torture on many of these, and on some other catholics, will be succinctly mentioned in the present chapter.

1.

Sanguinary Laws against the Catholics.

I. The laws, by which the roman-catholics were subjected to capital punishment, in consequence of their religious principles, may be divided into four classes; 1, Those, which punished persons capitally for refusing to take the oath of supremacy, for acknowledging the spiritual supremacy of the pope, or for denying the spiritual supremacy of the queen; 2, Those, which punished roman-catholic clergymen capitally for coming into or remaining in England; 3, Those, which punished persons capitally, who maintained or assisted such clergy­men; 4, And those, which punished persons capitally, who were reconciled, or who reconciled others, to the roman-catholic church.  To these, may be added the laws, which subjected persons to fine and imprisonment, for not attending divine service in the form prescribed by law.

Mention has been made of the act of the 1st year of the reign of Elizabeth, by which persons in office, or receiving the queen's fee, who should refuse to take the oath acknowledging the queen's supremacy, were incapacitated from holding any office; and by which, all who denied the supremacy were, for the first offence, punished by the forfeiture of their goods and chattels; for the second, subjected to the penalties of a praemunire; and for the third, rendered guilty of high treason.

By the act of the 27th of her reign, Jesuits, and other priests, were ordered to depart the kingdom within forty days, and it was ordained, that those, who should remain beyond that time, or who afterwards returned, should be guilty of treason.

By the same act, those, who received, relieved, comforted, aided or maintained a priest, deacon, or other ecclesiastical person, were declared to be felons, without benefit of clergy.

By the act of the 23d of Elizabeth, ch. 1, persons reconciling others to the roman-catholic religion, and persons so reconciled, were subjected to the penalties of treason.

2.

Probable  amount of those   who suffered Death under these Laws.

The total number of these sufferers, is calculated by Dodd, in his Church History, at one hundred and ninety-one. Further inquiries by Dr. Milner increase their number to 204. Fifteen of these, he says, were condemned for denying the queen's spiritual supremacy; one hundred and twenty-six for the exercise of priestly functions; and the others, for being reconciled to the catholic faith, or aiding or assisting priests. In this list, no priest is in­cluded who was executed for any plot, either real or imaginary, except eleven, who suffered for the pretended plot of Rheims, or Rome; a plot which, as the same writer justly observes, was so daring a forgery, that even Camden, the eulogizing biographer of Elizabeth, allows the sufferers to have been political victims.

Such, then, being the number of the sufferers, we must feel some surprise, when we read in Hume's history, that "the severity of death was sparingly exercised against the priests in the reign of queen Elizabeth".

It is observable, that the punishment of treason by the law of England is, that the offender should be drawn to the gallows, hanged by the neck, cut down alive, his entrails taken out, while he is yet alive, and his head then cut off. Against the atrocious circumstances, attending this punishment, the humanity of the nation has so far interfered, that the offender now is generally permitted to remain hanging till he is dead. But this mercy was often denied to the catholics, who suffered under these laws. Often, they were cut down alive, in that state ripped open, and their entrails torn out.

Besides the sufferers we have noticed, mention is made in the same work of ninety catholic priests, or laymen, who died in prison, during the same reign; and one hundred and five others, who were sent into perpetual banishment. "I say nothing", continues the same writer, "of many more, who were whipped, fined, (the fine for recusancy was 20£ a month), or stripped of their property, to the utter ruin of their families. In one night, fifty catholic gentlemen, in the county of Lancaster, were suddenly seized, and committed to prison, on account of their non-attendance at church. About the same time, I find an equal number of Yorkshire gentlemen lying prisoners in York castle, on the same account, most of whom perished there. These were, every week, for a twelve-month together, dragged by main force, to hear the established service performed in the castle chapel."

Doctor Bridgewater, in a table published at the end of his Concertatio Catholica, gives the names of about 1,200, who had been deprived of their livings or estates, or had been imprisoned or banished, or been otherwise victims of persecution for their religion, previously to the year 1588, the period, when the persecution of the catholics began to rise to its greatest height, declaring, at the same time, that he was far from having named all; and that he mentioned the names of those only, which had come to his personal knowledge. Many of these died in prison, and some of them under sentence of death.

3.

The Torture.

Incredible as it may appear to an English reader, it is unquestionably true, that several of those, who suffered death; and several also who did not suffer capitally, were, previously to their trials, inhumanly tortured,—by the common rack, by which their limbs were stretched by levers to a length,—too shocking to mention,—beyond the natural mea­sure of their frame;—or the hoop, called the scavenger's daughter, on which they were placed, and their bodies bent until the head and the feet met;—or by confinement in the little ease, a hole so small that a person could neither stand, sit, or lie straight in it; the iron gauntlet, a screw, that squeezed the hands until the bones were crushed ; or by needles thrust under the nails of the sufferers; or by a long deprivation of necessary sustenance.

It adds to the atrocity of these inflictions, that, in several instances, when the sufferers were put to trial, there was no legal proof established; and in some, not even any legal evidence offered to substantiate the offence, of which the party was accused.

Recourse was had to the torture, in order to supply this want of legal evidence to convict the accused; and at the same time furnish proofs against others. At the end of Cecil's Execution of Justice is usually printed, a Declaration of the favorable dealing of her majesty's commissioners, appointed for the examination of certain traitors; and of tortures unjustly reported to be done upon them for matters of religion. It first appeared in print in 1583, in black letter; and was comprised in six pages quarto. It admits the use of torture in these cases, and states the grounds, on which it was defended

4.

Trial and Execution of Father Campion.

Among those, who suffered, in the reign of Elizabeth, none attracted so much attention as father Edmund Campion, a Jesuit. We have a full and authentic account of his trial, sufferings and death, in the late Doctor Challoner's Memoirs of Missionary Priests, and doctor Bridgwater's Concertatio, which we have just mentioned. We shall present the reader with an abstract of the trial of father Campion, from the last-mentioned of these works. It will show the manner in which criminal prosecutions were conducted in the reign of Elizabeth against catholic priests.

Father Campion was born a protestant. He was first educated in Christ's Hospital; and thence removed to St. John's College, Cambridge; where he took the orders of deacon in the church of England. Being converted to the catholic religion, he entered into the society of Jesus, was ordained priest, and, for some time, taught in the university of Prague. In all these situations he was respected and beloved for his eminent learning and piety, and for his mild and pleasing manners. He returned to England, in order to exercise his missionary functions. On the 15th of July 1581, he was apprehended, in a secret room, in the house of a catholic gentleman. After remaining during two days in the custody of the sheriff of Berkshire, he was conveyed by slow journeys to London, on horseback; his legs fastened under the horse, his arms tied behind him, and a paper placed on his hat, on which, in large capital letters, were written the words, "Campion, the seditious Jesuit". On the 25th, he was delivered to the lieutenant of the Tower. He was frequently examined before the lord chancellor, or other members of the council, and by commissioners appointed by them. He was required to divulge what houses he had frequented, by whom he had been relieved; whom, he had reconciled, when, which way, for what purpose, and by what commission, he had come into the realm; how, where, and by whom he printed his books. All these questions, he declined to answer. In order, therefore, to extort answers from him, he was first laid on the rack, and his limbs stretched a little, to show him, as the executioners termed it, what the rack was. He persisted in his refusal—then, for several days successively, the torture was increased; and, on the two last occasions, he was so cruelly torn and rent that he expected to expire under the torment. Whilst upon the rack he called continually upon God; and prayed fervently for his tormentors, and for those by whose orders they acted.

On the 12th of November, he and his companions were indicted of high treason; "that, in the last March and April, at Rheims in Champaign, Rome, and other parts beyond the seas, he had conspired the death of her majesty, the overthrow of the religion professed in England, the subversion of the state; and that, for the attempt thereof, they had stirred up strangers to invade the realm; moreover, that on the 8th of the May following, they took their journey from Rheims towards England, to persuade and seduce the queen's subjects to the Romish religion, and obedience to the pope, from their duties and allegiance to her highness; and that on the first of June they arrived in this country for the same purposes."

After the indictment was read:—"I protest to God", said Campion, "and his angels, by heaven and, earth, and before this tribunal,— which I pray God may be a mirror of the judgment to come,—that I am not guilty of these treasons, or any other. To prove these things against me is impossible". The prisoners were then arraigned, and severally pleaded Not Guilty.

On the 20th of November, they were put to the bar for trial. Six were arraigned with Campion. Seven were arraigned on the following day. All, except one, were priests. When Campion was, according to custom, required to hold up his hand, "both his arms", writes a person present at his trial, "being pitifully benumbed, by his often cruel racking before, and having them wrapped in a fur cuff, he was not able to lift his hand so high as the rest did, and was required of him, but one of his companions kissing his hands so abused for the confession of Christ, took off his cuff, and so lifted up his arm as high as he could, and he pleaded Not Guilty, as the rest did".

The first witness produced by the crown, named Caddy, or Craddock,—deposed generally against all the prisoners, that, "being beyond the seas, he had heard of the holy vow, made between the pope and the English priests, for restoring and establishing religion in England, for which purpose, two hundred priests should come into the realm. The which matter was declared to Ralph Shelly, an English knight, and captain to the pope, and that he would conduct an army into England, for the subduing of the realm unto the pope, and the destroying of the heretics. Where to Sir Ralph made answer, that he would rather drink poison with Themistocles, than see the overthrow of his country, and added, that he thought the Catholics in England would first stand in arms against the pope, before they would join in such an enterprise.

The reader must be amazed that such evidence could have been offered; evidence, in which nothing could be brought home to the prisoners; and which, if it did prove anything, proved only the good disposition of the general body of the catholics to the government.

The two next facts, were the allegations of the queen's council, that Campion had conversed with the cardinal of Sicily and the bishop of Ross upon the bull of Pius the fifth. The particulars of these conversations were not mentioned, nor was the slightest evidence brought to show that they had taken place.

The next fact charged on Campion, was, that he had travelled from Prague to Rome, and held a private conference with Dr. Allen, to withdraw the people from their allegiance. No proof of either of these facts was offered. But Campion candidly admitted his journey; a conversation with Dr. Allen, and his mission into this country, but observed, that the sole object of it was to administer spiritual aid to catholics; and that cardinal Allen had strictly charged, nay commanded him, not to meddle with matters of state, or government.

A letter written by Campion, was then produced, in which he grieved for having mentioned, on the rack, the names of some roman-catholic gentlemen by whom he had been entertained; but comforted himself with the reflection, that he had never discovered any secrets therein declared,—Campion replied, that "every priest was bound by vow, under danger of perpetual curse and damnation, never to disclose any offence, or infirmity revealed to him in confession. That, in consequence of his priesthood, he was accustomed to be privy to divers men’s secrets,—not such as concerned the state or commonwealth, but such as charged the grieved soul and conscience, whereof he had  power of absolution"

The clerk then produced certain oaths, to be ministered to the people, for renouncing obedience to her majesty, and swearing allegiance to the pope; which papers were found in houses in which Campion had lurked. It does not however appear that any evidence was offered, either respecting the discovery of these papers, or the places in which they were said to have been found. Campion observed that there was no proof that he had any concern in those papers; that many other persons besides himself, had frequented the houses in which he was said to have lurked, so that there was nothing which brought the charge home to himself. As for administering an oath of any kind, he declared, that he would not commit an offence so opposite to his profession, for all the substance and treasure in the world.

Finally,—came the searching charge: "You refuse", said the counsel for the crown, "to swear to the oath of supremacy". "I acknowledge", answered Campion, "her highness as my governess and sovereign. I acknowledged before the commissioners, her majesty, both de facto et de jure, to be my queen. I confessed an obedience due to the crown as my temporal head and primate—this I said then, this I say now. As for excommunicating her majesty,—it was exacted of me,—admitting that excommunicating were of effect, and that the pope had sufficient power so to do, whether then I thought myself discharged of my allegiance or not. I said this was a dangerous question, and that they who demanded this, demanded my blood. But I never admitted any such matter,—neither ought I to be wrested with any such suppositions. Well, since once more it need be answered,—I say generally that these matters are merely spiritual points of doctrine, and disputable in the schools; no part of mine indictment, nor given on evidence, and unfit to be discussed in the King's Bench. To conclude,—they are no matters of fact, they be not in the trial of the country; the jury ought not to take any notice of them."

The judge then proceeded to the other prisoners. The evidence produced against them was of the same nature with that which was urged against Campion. The jury retired, and after deliberating an hour, found them all guilty.

On the first of the following December Campion was led to execution. He was dragged thither to it on a hurdle; his face was often covered with mud, and the people good-naturedly wiped it off. He ascended the scaffold,there, he again denied all the treasons of which he had been accused. He was required to ask forgiveness of the queen; he meekly answered, "wherein have I offended her? In this I am innocent; this is my last breath, in this give me credit. I have, and I do pray for her."

Lord Charles Howard asked him for which queen he prayed?—whether for Elizabeth the queen?"

Campion replied, "yes, for Elizabeth your queen, and my queen".

He then took his last leave of the spectators, and turning his eyes towards heaven, the cart was drawn away. "His mild death, and sincere protestations of innocence", says the writer, from whom this account is taken, "moved the people to such compassion and tears, that the adversaries of the "catholics were glad to excuse his death."

XIX.

REASONS ASSIGNED TO JUSTIFY THE SANGUINARY LAWS ENACTED IN THE REIGN OF QUEEN ELIZABETH AGAINST CATHOLICS