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 The Judicial History of Individual Liberty.

IOI

THE JUDICIAL HISTORY OF INDIVIDUAL LIBERTY.

II. BY VAM VECHTEN VEEDER, Of the New YORK. BAR. ELIZABETH'S savage prosecution of of hearsay, and such as it was, had been ex torted by fear. The lords of the council even fenders in any way connected with the Northern Rebellion showed the true Tudor gave in secret certain evidence which it was spirit. She instructed Lord Sussex to hang said that state policy required should not be made public. Norfolk said, on the scaffold, by martial law all those who had no property to escheat; persons of property were to be "And, my lords, seeing you have put me out tried, and if acquitted were to be promptly of your company, I trust shortly to be in taken before the Star Chamber. Suffolk better company." Considering that the Duke hanged over six hundred persons without had presided at the judicial murder of his the formality of a trial, and Sir George niece, Anne Boleyn, and had testified against Bowes, who assisted in the work, put to death his son, Essex, to save his own life, it re some six hundred more. 'As the rebellion was quires considerable charity to sympathize over martial law was unjustifiable. The with him in the hour of his misfortune. names of most of the prisoners were ob The trial of Campian and other Jesuits tained, by torture, and they were put to death, before Chief Justice Wray, in 1581 (i St. Tr. in open violation of law, on mere suspicion. 1049), is characteristic of the reign. At the close of Anderson's opening speech for the The Duke of Norfolk's case (i St. Tr. 957) is notable in many vavs. He was probably crown, Campian, who defended himself and guilty of a part if not all of the offenses with his colleagues with marked ability, pertin which he was charged: but the trial was a ently asked the attorney-general whether he farre. He was convicted of a treason resting came "as an orator to accuse them or as a on presumptions and inferences only. The pleader to give in evidence." There was no overt act was his intended marriage with evidence against them of treason under the Mary, Queen of Scots, and his correspon statute of Edward III. If it be said that it was necessary to put them out of the way, dence with the Duke of Alva to raise an army to invade the kingdom. Tt was argued they were justified in their assertion that it was for religion, not for treason, that they that as Mary had formerly laid claim to the crown, whoever married her would support died. Campian addressed the jury with dig her title, and consequently endeavor to de nity and power. "What charge this day you pose Queen Elizabeth. The letters to Alva sustain," he said, in opening, "and what achad no signatures, and were only proved to compt you are to render at the dreadful day be the Duke's by reading the confession of of judgment, whereof I would wish this also an agent who vouched for their authenticity. were a mirror, I trust there is not one of He was never really called upon for his de you but knoweth. I doubt not, but in like fense or allowed to oroduce his witnesses, manner you forecast how dear the innocent but was only allowed to answer at the end of is to God and at what price he holdeth man's each charge, when he was constantly inter blood. Here we are accused and impleaded rupted and urged to confess by the crown to the death; here you do receive our lives counsel. The evidence was practically all into your custody; here must be your choice,