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
therefore, we assist at a series of tragedies which may shock our
sense of justice, but in their rough-and-ready fashion go at once
to the point and show us all the passions of human beings fighting
in deadly earnest over the issues of life and death. The unities of
time and place are strictly observed. In the good old days the jury,
when once empanelled, had to go on to the end. There was no dilatory
adjourning from day to day.[9] As wrestlers who have once taken hold
must struggle till one touches earth, the prisoner had to finish
his agony there and then. The case might go on by candlelight, and
into the early hours of a second morning, till even the spectators,
wedged together in the close court, with a pestilential atmosphere,
loaded, if they had only known it, with the germs of gaol fever, were
well-nigh exhausted; till the judge confessed himself too faint to sum
up, and even to recollect the evidence; till the unfortunate prisoner,
browbeaten by the judge and the opposite counsel, bewildered by the
legal subtleties, often surprised by unexpected evidence, and unable
to produce contradictory witnesses at the instant, overwhelmed with
all the labour and impossibility of a task to which he was totally
unaccustomed, could only stammer out a vague assertion of innocence.
Here and there some sturdy prisoner—a Throgmorton or a Lilburne—thus
brought to bay under every disadvantage, managed to fight his way
through, and to persuade a jury to let him off even at their own
peril. As time goes on, things get better, and the professions of
fair-play have more reality; but it is also true that the performance
becomes less exciting. In the degenerate eighteenth century it came
to be settled that a minister might be turned out of office without
losing his head; and it is perhaps only from an æsthetic point of
view that the old practice was better, which provided historians with
so many moving stories of judicial tyranny. But in that point of view
we may certainly prefer the old system, for the tragedies generally
have a worthy ending; and instead of those sudden interventions of
a benevolent author, which are meant to save our feelings, at the
end of a modern novel, we are generally thrilled by a scene on the
scaffold, in which it is rare indeed for the actors to play their
parts unworthily.
Public-domain text, read in full here on John Shaqi.
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