Page:Henry VIII (1925) Yale.djvu/140

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128
The Life of

Charles Knyvet, in person. The Duke has no one there to defend him; the witnesses are not subjected to cross-examination, nor is any attempt made to ascertain the accuracy of their charges, or to test their honesty and good faith by the methods now adopted in similar cases. The Duke's guilt is assumed upon their unsupported assertions. In this travesty of justice, the Queen is the only person who appears to retain any sense of what is due to reason and equity; but she is too feeble an advocate, too much bewildered by the sophistry which she feels, but is unable to unravel, to render the accused any effectual help. Besides, when kings sit in council, who shall contradict them? When their minds are already made up, "God mend all," is the natural and sole reflection which presents itself to the thoughts of inferiors. Strange as this proceeding may appear, it is not due merely to the poet's imagination. It presents us with a general likeness of State prosecutions in the Tudor times. The presumption that men are innocent until they are legally proved to be guilty, the facilities granted to the accused for substantiating his innocence by retaining the ablest advocate, the methods for sifting evidence now in use, had no existence then. In crimes against the sovereign, real or supposed, men were presumed to be guilty until they proved themselves to be innocent, and that proof was involved in endless difficulties. What advocate or what witness would have ventured to brave the displeasure of a Tudor king, by appearing in defense of a criminal, on whose guilt the King had pronounced already? With the exception of making Wolsey present at the examination of the Duke's servants and surveyor, Shakespeare has strictly adhered to facts in this preliminary examination of the Duke's servants.'

(J. S. Brewer, The Reign of Henry VIII, I. 383.)

I. ii. 147. Henton. This, the Folio reading, was