OCR Text |
Show 82 ATROCIOUS JUDGE . [A. D.l&34 he never should be drawn into question for it afterward' ." The pri 'oner contending that he was not guilty of the cap it~! crime charged for words so spoken, the matter was r eferred to the judges. " Lord Chief Justice Fitzjames, in th eir nmnes, declareu ' that this 1ne~sage or promise fro1n the kiug to the pri~oner neither did nor could, by rigor of ln.w, di charge hitn ; but in so declaring of hi mind. and con::,cience against the supremacy- yea, though it were at the king's own r equest or commandment- he committed treason by the statute, and nothing can discharge him from death but the king' pardon.'" Bishop of Rochester.- " Yet I pray you, n1y lord , consider that by all equity, justice, worlJly hone ~ty, and courteous dealing, I cannot, as the case standeth, be directly charged therewith as with treason, though I haJ spoken the word, indeed, the sn.me not l>eing . poken m~liciou~ly, but in the Yirty of advice or counsel, wl1on it was r equire<.l of me by the king himself; and that favor the very word ~ of the statute do girc me, being made only against uch a:-- . hall ' maliciollsly gainsay the king' supremacy,' antl none oth ~r ; wherefore, although by rigor of law you 1nny take occasion thus to conden1n nlC, yet I hope you cannot finJ law, except you alld rigor to that law, to ca t n1e down, which herein I hnve not deserved." Fitzjames, C. J.- "All n1y brethren arc agreeJ that 'ma· liciously' is a term of art and an infer ence of law, not n qualification of fact. In truth , it i a uperfluous and void " ·ord; for if a man peak against the king's supremacy by any manner of means, that speaking is to be n n d er" toocl und taken in law as 1nalidous." Bishop of Rochester. -"If the law be ~o ' then it is a hard A. D. 1534-.J JOU~ FITZJA.:\lES. 83 exposition, and (as I take jt) contrary to the meaning of them that made the la'~<Y, a.~ \Yell ~s of ordinary per.'on · \Yho read it. But then, 1uy lord:::, \Ylwt :::ays your wisd.o1n to thi; question, ' \ Vhether a inglc te ·ti1nouy may Le udmitteJ to prove n1e guilty of trea on; ancl1nay it not Le answered by n1y negative?' Often have I hcarcl it said, thaL to oYerc0nH; the presumption f ro1n the oath of allegiance to the king's majesty, and to guarcl against the dire con~equcnce~ of the penalties for treason falling on the h eaJ of an innocent tuan, none shall be con \'"icted thereof save on the e Yiucncc of t \YO witnes e at the least." F·itzjames, 0. J. - " Tbis being the k ing's ca .. e, it rests mueh in the con cience and di~cretion of the jury; and a~ they upon the 'Yidence ... hall Hncl it ' .y, ou arc either to br acq_uitted or ebn to be condemned.'' The report say.-- that •· the hi~ hop nn ~ wc'rr(l with tnany more wonh, both wj~cly ~~nd prof<nmtlly ult 'red, and that with a n1ervailou:::;, courn.giou.:-:, atH1 r are con -tunry, insomuch as n1any of hi · hearer.~ - y "'a, so1ne of the jut1p;c.· -lmnrnteJ so gricvouJy, that th ir inwnrJ surrow wa.· e.· prc:;scd by th(' outwarcl tearcs in their eyes, to pcrcei,·e such a fnn1ous and reverend n1an in dang r to be ·onclcmnccl to n. rruell death upon o weake eYiclencc, gi\·en hy such an accn~cr, contrary to all faith, and the promi~e of the king him ~ ,lf." A paekcJ jury, being left to th eir co:L·cience ancl d.iscrction, founcl a verdict of guilty; un<l IIenry wa:; able to 1nnke good his ... aying, when he was tolcl that the pope inten<lcu to senJ Bishop F i her a cardinal'.' hat-" 'Fore God, then, he shall wear it on his shoulder , for I \Yill lwse hi ~ h ea<l off." T he conduct of the chief justice at the trial of Sir Thoma3 l\'Iore was not less atrocious. After the case for the crown bad been closed, the prisoner, in an able address to the jury, |