Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/713

 19. ZANE: THE FIVE AGES 699 constantly complaining of her husband's good health. At last he died, watched over by his unfortunate daughter. He made an exceedingly pious end, — thus exhibiting his total unconsciousness of his own true character. Under Charles I., some ably conducted trials took place over the King's attempt to raise a revenue without recourse to Parliament. The bar was independent enough to hold out against the power of the Crown. The judges ruled that a commitment specifying no offense was bad. Another decision prohibited torture of prisoners. The rules of evidence were not yet settled ; but in the ordinary criminal trials, a defend- ant was now held not bound to give evidence against himself. Shakespeare seems to think the rule a bad one, not to be followed in the Court of Heaven ; for " In the corrupted currents of this world, Offence's gilded hand may shove by justice; And oft 'tis seen the wicked prize itself Buys out the law; but 'tis not so above; There is no shuffling, there the action lies In his true nature; and we ourselves compell'd. Even to the teeth and forehead of our faults. To give in evidence." In the famous Ship Money case of Hampden there was a great forensic display. The Solicitor General spoke for three days, the defendant's leader spoke four days, Oliver St. John for the defense took two days, and the Attorney- General replied in three days. St. John's argument was con- sidered the finest that had ever been heard in Westminster Hall. But this speech was soon surpassed by the noble and pathetic plea of Strafford in his own behalf. At last the King himself was put upon trial. The leading Parliamentary lawyers, Rolle, St. John, and Whitelock, refused to sit in the court. Bradshaw, an able lawyer, was made Lord President of the illegal tribunal. The King's line of defense was laid out for him by Sir Matthew Hale. Bradshaw tried to bully the King, but was overwhelmed by acute reasoning, a royal dignity, and a noble presence, by the King's liberality of thought and real eloquence. In other trials, such as those of the Duke of Hamilton, the Earl of Holland, Lord Capel,