Page:History of England (Froude) Vol 11.djvu/87

 1580.] THE JESUIT INVASION. 71 employment of it rests as a stain on the memory of those by whom it was used. It is none the less certain however that the danger was real and terrible, and the same causes which relieve a commander in active service from the restraints of the common law, apply to the conduct of statesmen who arc dealing with organized treason. The law is made for the nation, not the nation for the law. Those who transgress do it at their own risk, but they may plead circumstances at the bar of history, and have a right to be heard. This also is to be said of the torturing of these Jesuits. ' None was put to the rack that was not first by manifest evidence known to the council to be guilty of treason, so that it was well assured aforehand that there was no innocent tormented. Also none was tormented to know whether he was guilty or no : but for the Queen's safety to know the manner of the treason and the accomplices.' * ' Nor was any man tormented for matter of religion, nor asked what he believed of any point of religion, but only to understand of par- ticular practices against the Queen for setting up their religion by treason or force. If any one of them did say that he would truly answer to such things as he was demanded on the Queen's behalf, and would by oath, or without oath, seriously and upon his allegiance say that he did know or believe his answers to be true, he was never racked. Neither was any of them racked that had not both obstinately said, and did persist in 1 Thomas Norton to "Walsingkaiii, March 27, 1582: MSS. Domestic