_Vaux._ Prepare there, the Duke is coming: see the barge be ready; And fit it with such furniture as suits The greatness of his person.
_Buckingham._ Nay, Sir Nicholas, Let it alone; my state will now but mock me. When I came hither, I was Lord High Constable And Duke of Buckingham; now, poor Edward Bohun—
In Brewer’s Introduction to the third volume of “Foreign and Domestic State Papers of the Reign of Henry VIII.,” is the following interesting account of Buckingham’s trial and execution:—
“As trials for treason were conducted in those days it was little better than a question of personal credibility, assertion against assertion; and very few reasonable men could entertain doubts as to the issue. The King had already pronounced judgment, he had examined the witnesses, encouraged and read their correspondence, and expressed his belief in the Duke’s guilt. Who was to gainsay it? Who should be bold enough to assert that the King had arrived at a false conclusion, and that such manners of procedure were fatal to justice? In a court also, constituted of men who were not lawyers by profession, who had received no training for such nice questions, who understood nothing of the salutary laws of legal evidence, what hope could there be for the accused? How could he expect that protection which not only innocence but guilt had a right to demand until the charge be fairly and fully proven? The only lawyer employed was the Attorney-General, on behalf of the Crown. But in those days Attorneys-General regarded themselves as the servants of the Crown, who had to earn their wages by establishing the guilt of the prisoner. So the Lords retired, and on their return into court the sentence of each peer was taken one by one. Then said the Duke of Norfolk to the Duke of Suffolk, ‘What say you of Sir Edward, Duke of Buckingham, touching this high treason.’ ‘I say that he is guilty,’ answered the Duke, laying his hand upon his heart. Every peer made the same response; and against each of the names entered on the panel—a little scrap of dirty parchment, still preserved in the Record Office—there is to be seen to this day, in the handwriting of the Duke of Norfolk, ‘Dicit quod est culpabilis.’