The Tower of London, (Vol. 1 of 2)Gower, Ronald Sutherland, Lord
History
The Tower of London, (Vol. 1 of 2)
Gower, Ronald Sutherland, Lord
Tower of London (London, England)
“As trials for treason were conducted in those days it was little
better than a question of personal credibility, assertion against
assertion; and very few reasonable men could entertain doubts as to
the issue. The King had already pronounced judgment, he had examined
the witnesses, encouraged and read their correspondence, and expressed
his belief in the Duke’s guilt. Who was to gainsay it? Who should be
bold enough to assert that the King had arrived at a false conclusion,
and that such manners of procedure were fatal to justice? In a court
also, constituted of men who were not lawyers by profession, who had
received no training for such nice questions, who understood nothing of
the salutary laws of legal evidence, what hope could there be for the
accused? How could he expect that protection which not only innocence
but guilt had a right to demand until the charge be fairly and fully
proven? The only lawyer employed was the Attorney-General, on behalf of
the Crown. But in those days Attorneys-General regarded themselves as
the servants of the Crown, who had to earn their wages by establishing
the guilt of the prisoner. So the Lords retired, and on their return
into court the sentence of each peer was taken one by one. Then said
the Duke of Norfolk to the Duke of Suffolk, ‘What say you of Sir
Edward, Duke of Buckingham, touching this high treason.’ ‘I say that he
is guilty,’ answered the Duke, laying his hand upon his heart. Every
peer made the same response; and against each of the names entered on
the panel—a little scrap of dirty parchment, still preserved in the
Record Office—there is to be seen to this day, in the handwriting of
the Duke of Norfolk, ‘Dicit quod est culpabilis.’
Public-domain text, read in full here on John Shaqi.
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