Those who transgress it do it at their own risk, but they may plead circumstances at the bar of history, and have a right to be heard." Thus Froude asserts as strongly and clearly as Freeman himself that torture was in 1580, and always had been, contrary to the law of England.

On the purely legal and technical aspect of the question a point might be raised which neither Froude nor Freeman has attempted to solve.

Would any Court in the reign of Elizabeth have convicted a man of a criminal offence for carrying out the express commands of the sovereign?
If not, in what sense was the racking of the Jesuits illegal?
But there is a law of God, as well as a law of man, and surely Elizabeth broke it.

Froude's argument seems to prove too much, if it proves anything, for it would justify all the worst cruelties ever inflicted by tyrants for political objects, from the burning of Christians who refused incense for the Roman Emperor to Luke's iron crown, and Damien's bed of steel.
-- * Saturday Review, Jan.

29th, 1870.
+ Saturday Review, Dec.