Page:The Green Bag (1889–1914), Volume 06.pdf/413

This page needs to be proofread.
380
The Green Bag.

noisy amusements " forbidden on the Lord's day. (Lindenmuller v. People, 33 Barb. 548; People v. McGuire, 26 Cal. 635.)

We have seen above how Sunday plays were objected to in the olden time in both Scot land and England.

THE COURT OF STAR CHAMBER. VI. By Johx D. Lindsay. A CASE which has been regarded as an example of the oppression of the Star Chamber, is the prosecution of Sir John Hollis, Sir John Wentworth and Mr. Lumsden in the same reign. The late Justice Stephen has cited it as an instance in which the court grossly exaggerated the supposed offense, and created a great crime out of a very small matter, and after narrating what he evidently supposes was the real cause and complaint, says : " It is difficult to see how this could be regarded as in any sense criminal conduct." Let us examine the facts as they really existed, and see whether after all, the persons prosecuted had not done enough to render them technically liable to judicial discipline even at this day. Richard Weston, one of the conspirators in the poisoning of Sir Thomas Overbury in the Tower, had been convicted, in the King's Bench, before Sir Edward Coke, then Lord Chief Justice, and sentenced to be hanged. Upon his arraignment he had at first stood mute, and for several days refused to put himself upon trial according to the method prescribed by law, but finally, after much persuasion, he was prevailed upon to take his trial. The evidence left no ground for doubt of his guilty and active participa tion in one of the most dastardly and cowardly murders known to history. After sentence had been passed upon him Weston sent for Sir Thomas Overbury's father, "and, falling down upon his knees, with great remorse and compunction, asked

his forgiveness. Afterwards, again of his own notion, desired to have his like prayer of forgiveness recommended to his mother who was absent. And at both times, out of the abundance of his heart, confessed that he was to die justly, and that he was worthy of death." When upon the gallows, even at the point of de&th he again publicly affirmed that he was guilty and that he had been "justly and honorably dealt with." Lumsden, according to Sir Francis Bacon, then Attorney-General, between Weston's standing mute and his trial, took upon him self to prepare in writing " a most false, odious and libellous relation " of the pro ceedings, and delivered it to one of the officers of the palace to be put into the King's own hands, " in which writing he doth falsify and pervert all that was done the first day of the arraignment of Weston; turning the pike and point of his imputations prin cipally upon " Lord Chief Justice Coke. Wentworth and Hollis had offended in a different way. At Weston's execution these gantlemen with others rode up on horse back in an officious manner, pushed them selves forward to the scaffold, and proceeded to question Weston as to his guilt. Went worth asked him directly whether he did poison Overbury or no. Weston answered merely that he did him wrong, and turning to the sheriff said, "You promised me that I should not be troubled at this time." Nevertheless Wentworth pressed him to answer, saying that he desired to know, that he might pray with him. Weston refused