[61] In his younger days, before the civil war, Sir Henry Vane had been among the early emigrants to Massachusetts, and as governor of that colony had borne a part in some remarkable transactions there.—See Hildreth’s History of the United States, vol. i. ch. ix.
[62] A fortress on the south shore of the English Channel, taken by Cromwell from the Spaniards, and by Charles II. sold at this time to Louis XIV. of France.
[63] So Bacon, better at precept than at practice, in his advice to Sir George Villars, requires in judges these three attributes—they must be men of courage, fearing God, and hating covetousness: an ignorant man cannot, a coward dare not be a good judge. On the American bench we have too many cowards.—Ed.
[64] The following dialogue occurred after the verdict:—
Prisoner.—I most humbly beseech your lordship to remember my condition, (he had before stated himself to be the father of nine small children,) and intercede for me.
Lord Hyde.—I would not intercede for my own father in this case, if he were alive.
[65] This practice of putting questions to the prisoner intended to intimidate him, to involve him in contradictions, or to elicit from him some indiscreet admission, had ceased during the Commonwealth, but was revived by the new royal judges.
[66] This was the same doctrine afterwards attempted to be maintained by Lord Mansfield, but overruled by a declaratory act of Parliament.
[67] An American specimen of this style of judicial decision may be found in Judge Grier’s way of speaking on the bench about Abolitionists.—Ed.
[68] 6 State Trials, 701-709.