[xxii] NOTE NN. 



the Civil Law above all Human Laws whatsoever, showing of 

 how great use and necessity the Civil Law is to this Nation ;&quot; 

 the author, after decrying the common law and every law except 

 the civil law, of which he says, &quot; There is no profession or 

 science of law but this,&quot; thus speaks of its clemency: 



&quot; Neither does it derogate from the clemency of the civil 

 law, that it seems to deal so sharply with those as to allow 

 such persons to be set upon the rack, thereby to manifest their 

 innocence by an obstinate denial, or to discover their guilt by a 

 plain confession. For, by the Roman law, before death could 

 be inflicted, there were to be two witnesses. The case, there 

 fore, thus standing, that the wickedness of men was grown luxu 

 riant, and abounding, it was but necessary for ihe public peace, 

 and the safety of innocent and quiet men, to make them by a 

 vigorous course of trial either fear to offend, or be instrumental 

 to condemn themselves. So that to bring men to the rack in 

 such cases for trials sake, is not to be censured for cruelty ; 

 &quot; Non ex ssevitia, sed ex bonitate talia faciunt homines;&quot; Such 

 things are done by men, not out of cruelty but goodness. And 

 though there have been some, as Ludovicus Vives and 8ir John 

 Fortescue in his praises of the laws of England, who have 

 with very much acrimony defended the contrary, yet I must 

 say to them, Away with those apologies, that, by assisting 

 persons that are accused, and pleading on the behalf of wicked 

 men, are an occasion for wickedness to spring up and fructifies 

 for surely it must needs grow most, and wax most vigorous 

 there, where it is most gently dealt withal. But this great but 

 most wholesome severity of the Romans was tempered with a 

 very great allay of tenderness and care towards the accused. 

 For the law, notwithstanding, gave so little credit to any confes 

 sion made under such bitter sufferings, because it might be ex 

 torted by force, and out of a hope to be rid of the present pain, 

 rather than that they were the words of truth, that it would 

 never condemn, upon any such confession, except the party ac 

 cused, being redeemed from his pain, and in his full liberty, did 

 again confess the vi-ry same thing. These were the cautions 

 which the Roman state did prescribe to be used in this sharp, 

 but, as their policy stood, (who did not love upon a slender proof 



