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VI. That the said Warren Hastings did also presume to censure and asperse the Court of Directors for the moderate terms in which they had expressed their displeasure against him, as putting him under the necessity of stating in his defence a strong accusation against himself, and as implying in the said Court a consciousness that he was not guilty of the offences charged upon him, being, as he asserts, in the resolutions of the Court of Directors, "arraigned and prejudged of a violation of national faith, in acts of such complicated aggravation, that, if they were true, no punishment SHORT OF DEATH could atone for the injury which the interest and credit of the public had sustained in them"; and he did therefore censure the said Court for applying no stronger or more criminating epithets than those of "improper, unwarrantable, and highly impolitic," to an offence so by them charged, and by him described.
It was William H. Seward, who saw that the prisoner was idiotic and irresponsible, and ought to be put in an asylum rather than put to death, the heroic counsel uttering these beautiful words: "I speak now in the hearing of a people who have prejudged prisoner and condemned me for pleading in his behalf. He is a convict, a pauper, a negro, without intellect, sense, or emotion.
And all that had been required from the Marchese Lamberto was the admission that the Conte Leandro's statements, as far as regarded what had taken place at the ball, were correct. But the fact was that the case was well-nigh prejudged before the professed trial began.
On December 6 accordingly, a body of twelve leading Remonstrants with Simon Episcopius at their head took their seats at a table facing the assembly. Episcopius made a long harangue in Latin occupying nine sessions. His eloquence was, however, wasted on a court that had already prejudged the cause for which he pleaded.
This is the substance of Schiller's masterly exposition; and the effect of it, upon the reader or spectator who has not prejudged the case, is to create an attitude of compassion for the prisoner.
He had reversed the order of his written instructions; having seized upon the government before he had investigated the conduct of Columbus. He continued his career in the same spirit; acting as if the case had been prejudged in Spain, and he had been sent out merely to degrade the admiral from his employments, not to ascertain the manner in which he had fulfilled them.
At Cross Key, at all events, there was nothing else talked of for weeks beforehand; and the case which above all others was canvassed, and prejudged, and descanted upon over all sorts of boards from the mahogany one in the dining-room at Cross Key Park to the deal tripod which held the pots and pipes at the road-side beer-house was that of Richard Yorke, the young gentleman-painter, who had run away with old John Trevethick of Gethin's hoarded store.
From the illustration here employed by Bunyan, we learn that the culprit before trial, and therefore before convicted of crime, was in a manner prejudged, and loaded with fetters. These extreme judicial severities belong to the past. 10 "Abundance," exuberance, more than enough. Ed. 11 Bunyan's sanctified mind, well stored with the sacred scriptures, richly enjoyed the contemplation of nature.
Likeas, all lieges are bound to maintain the King's Majesty's royal person and authority, the authority of Parliaments, without the which neither any laws or lawful judicatories can be established, Acts 130 and 131, Parl. 8, King James VI., and the subjects' liberties, who ought only to live and be governed by the King's laws, the common laws of this realm allenarly, Act 48, Parl. 3, King James I.; Act 79, Parl. 6, King James IV.; repeated in the Act 131, Parl. 8, King James VI.; which if they be innovated and prejudged, "the commission anent the union of the two kingdoms of Scotland and England, which is the sole act of the 17th Parl. of King James VI., declares," such confusion would ensue as this realm could be no more a free monarchy; because, by the fundamental laws, ancient privileges, offices, and liberties of this kingdom, not only the princely authority of his Majesty's royal descent hath been these many ages maintained, but also the people's security of their lands, livings, rights, offices, liberties, and dignities preserved.
Such, at the commencement of the Duchess Margaret's administration, were the characters and the previous histories of the persons into whose hands the Netherlands were entrusted. None of them have been prejudged. We have contented ourselves with stating the facts with regard to all, up to the period at which we have arrived.
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