The Works of Samuel Johnson, Volume 06 - Reviews, Political Tracts, and Lives of Eminent Persons by Samuel Johnson
page 101 of 624 (16%)
page 101 of 624 (16%)
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have been canvassed at the time, if the persons, whom it concerned, had
been assured of their innocence." To which our author makes a reply, which cannot be shortened without weakening it: "Upon what does this author ground his sentence? Upon two very plain reasons, first, that the confession was a judicial one, that is, taken in presence, or by authority of a judge. And secondly, that it was regularly and judicially given in; that must be understood during the time of the conferences before queen Elizabeth and her council, in presence of Mary's commissioners; at which time she ought to have canvassed it," says our author, "if she knew her innocence. "That it was not a judicial confession, is evident: the paper itself does not bear any such mark; nor does it mention, that it was taken in presence of any person, or by any authority whatsoever; and, by comparing it with the judicial examinations of Dalgleish, Hay, and Hepburn, it is apparent, that it is destitute of every formality, requisite in a judicial evidence. In what dark corner, then, this strange production was generated, our author may endeavour to find out, if he can. "As to his second assertion, that it was regularly and judicially given in, and, therefore, ought to have been canvassed, by Mary during the conferences; we have already seen, that this, likewise, is not fact: the conferences broke up in February, 1569: Nicholas Hubert was not hanged till August thereafter, and his dying confession, as Mr. Hume calls it, is only dated the 10th of that month. How, then, can this gentleman gravely tell us, that this confession was judicially given in, and ought to have been, at that very time, canvassed by queen Mary and her commissioners? Such positive assertions, apparently contrary to fact, |
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