Might corrupt minds procure knaves as corrupt To swear against you? such things have been done." The King here warns his friend against the danger of a perjured witness or two being used against him, at his trial. Of course, if evidence which is not true should be offered on the trial of any issue, then "the justice and the truth o' the question," would not carry "the due o' the verdict with it," but wrong would triumph, instead of right and falsehood, instead of truth, prevail. The prevalency of the crime of perjury, about the time at which the trial was to be had, is a sufficient excuse for the King's admonition, as to the ease with which "corrupt minds procure knaves as corrupt to swear against you," for the severity of the offense, according to the statutes,2 and the punishment either of imprisonment, or by the pillory, did not seem to abate the crime, until the enactment of the 29 Elizabeth, c. 5, by which the severity of the punishment as increased.3 Sec. 353. Accusing one, face to face. "Cran. I do beseech your lordships, The accused here, but asked what the law accorded him, had his trial been in a temporal court, for Magna Charta provided that "no freeman shall be taken or imprisoned, except by legal judgment of his peers, 'King Henry VIII, Act V, Scene I. 27 Bacon's Abr., 424-438. 'Coke, 3' Inst., 163-168; 4 Bl. Comm. 137-139. King Henry VIII tells Cranmer, in warning him against his approaching trial: "K. Hen. Ween you of better luck, I mean of perjur'd witness, than your master, Whose minister you are, whiles here he liv'd Upon this naughty earth." (Act V, Scene I.) 'King Henry VIII. Act V, Scene II. or the law of the land." By the organic provisions of the United States Constitution, each person accused of crime is entitled to have the witnesses brought "face to face" before him, as Cranmer prayed, in this instance, and in denying him this right, he was clearly denied one of the rights of an accused citizen, as recognized by English law. Sec. 354. Accusing Counsellor. "Suf. Nay, my lord, That cannot be: you are a counsellor, And, by that virtue, no man dare accuse you."s The excuse for denying Cranmer the benefit of having the accusers against him, appear "face to face," is made that since he is a King's Counsellor, no man dare accuse him. The King's counsel were those barristers who were selected by him to be of counsel for the realm and because of their nearness to the king's person, the plea is urged that no one dare make accusations against one so employed, without privilege so to do from the king. Sec. 355. Acting as both judge and juror. "Cran. if your will pass, I shall both find your lordship judge and juror."* Cranmer objects to the trial being had by one occupying the position of both judge and juror, for while it was the province of the jury to determine only issues of fact, and of the jury to pass upon issues of law, if both func 14 Bl. Comm. 423; 2 Coke, Inst., 39. The accused, by Constitution of the U. S. is entitled to be confronted with the witnesses against him. U. S. Con. Art. VI. 3 King Henry VIII, Act V, Scene II. In Othello, after Iago's coarse speech, Desdemona asks Cassio: "How say you, Cassio: is he not a most profane and liberal counsellor?" (Act II, Scene I.) 'King Henry VIII, Act V, Scene II. tions are to be discharged by one acting in both capacities, he intimates that because of the prejudice of the Lord, he would lose his rights. Sec. 356. Crime of heresy.— "Gar. My lord, my lord, you are a sectary, That's the plain truth: your painted gloss discovers, To men that understand you, words and weakness."i A sectary, or sectarian, in religion, is one who separates himself from an established church, and adheres to some sect, or following, at variance with the established religion. The offense, at common law, was known as heresy, which consisted not in the total denial of Christianity, but of some of its essential doctrines, publicly and obstinately avowed.2 Sec. 357. Anneal by king's ring.— "Cran. I have a little yet to say. Look there, my lords; By virtue of that ring, I take my cause Sur. Tis no counterfeit.3 This refers to the custom of regarding the holder or possessor of the king's private ring, as entitled to the pre 'King Henry VIII, Act V, Scene II. Blackstone's Comm. The accusation against Cranmer, reminds us of what Milton said: "I never knew that time in England, when men of truest religion were not counted sectaries." The King tells Cranmer, in King Henry VIII: “K. Hen. . if entreaties will render you no remedy, this ring deliver them and your appeal to us there make before them." (Act V, Scene I.) rogatives of the king's person and to be exempt from the punishment he would otherwise be accorded, were he not invested with this insignia of royalty. The custom obtained at this time, of offering the ring of the king, which was construed as a claim of the royal prerogative, by the king, of himself passing judgment upon the accused person and of denying to the court the right to proceed with a cause. Hence, Cranmer says he takes his cause out of their jurisdiction, by the ring. 368. Execution of contract by parties "interchangeably." 369. Right warring with right. 370. 371. Consanguinity. Rejoindures. 372. Attestation by "sight and hearing." Sec. 358. "Prog. Ravishment. The ravish'd Helen, Menelaus' queen, With wanton Paris sleeps; And that's the quarrel." "Ravished," in criminal pleading, is a technical word essential, in an indictment for rape.2 No other word will generally answer and the defendant is usually charged with having "feloniously ravished," the prosecutrix, or woman mentioned in the indictment.3 The prologue here recognizes the condonement of the ravishment. by Helen, for it is mentioned that she "with wanton Paris sleeps," but the fact of the original rape or ravishment, is mentioned as the cause of the quarrel. 'Troilus and Cressida, Act I, Scene I. 25 Bacon's Abr., p. 48, et seq. 'The word implies that the act was forcible and against the will. 3 Chitty's Cr. Law, 812. |