Hours in a Library, Volume 3: New Edition, with AdditionsStephen, Leslie
History
Hours in a Library, Volume 3: New Edition, with Additions
Stephen, Leslie
English literature -- History and criticism
only in the sense in which the last motion of my pen is unreal now.
'I was once,' says one of the earliest performers, 'a looker-on of
the pageant as others be here now, but now, woe is me! I am a player
in that doleful tragedy.' This 'now' is become our 'once,' and we
may leave it to the harmless enthusiasts who play at metaphysics to
explain or to darken the meaning of the familiar phrase. Whatever
time may be—a point, I believe, not quite settled—there is always a
singular fascination in any study which makes us vividly conscious
of its ceaseless lapse, and gives us the sense of rolling back the
ever-closing scroll. Historians, especially of the graphic variety,
try to do that service for us; but we can only get the full enjoyment
by studying at first-hand direct contemporary reports of actual words
and deeds.
The charm of the State Trials is in the singular fulness and apparent
authenticity of many of the reports of _vivâ voce_ examinations.
There are not more links between us for example, and Sir Nicholas
Throgmorton—whose words I have just quoted—than between us and the
last witness at a contemporary trial. The very words are given
fresh from the speaker's mouth. The volumes, of course, contain
vast masses of the dismal materials which can be quarried only by
the patience of a Dryasdust. If we open them at random we may come
upon reading which is anything but exhilarating. There are pages
upon pages of constitutional eloquence in the Sacheverell case about
the blessed revolution, and the social compact, and the theory of
passive resistance, which are as hopelessly unreadable as the last
parliamentary debate in the 'Times.' If we chance upon the great
case of Shipmoney, and the arguments for and against the immortal
Hampden, we have to dig through strata of legal antiquarianism
solid enough to daunt the most intrepid explorer. And, as trials
expand in later times, and the efforts of the British Barrister to
establish certain important rules of evidence become fully reported,
we, as innocent laymen, feel bound to withdraw from the sacred
place. Indeed, one is forced to ask in passing whether any English
lawyer, with one exception, ever made a speech in court which it was
possible for any one not a lawyer to read in cold blood. Speeches,
of course, have been made beyond number of admirable efficacy for
the persuasion of judges and juries; but so far as the State Trials
inform us, one can only suppose that lawyers regarded eloquence as
a deadly sin, perhaps because jurymen had a kind of dumb instinct
which led them to associate eloquence with humbug. The one exception
is Erskine, whose speeches are true works of art, and perfect models
of lucid exposition. The strangely inarticulate utterance of his
brethren reconciles us in a literary sense to the rule—outrageous in
a moral and political point of view—which for centuries forbade the
assistance of counsel in the most serious cases. In the older trials,
Public-domain text, read in full here on John Shaqi.
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