Blackwood's Edinburgh Magazine, Vol. 63, No. 390, April, 1848Various
History
Blackwood's Edinburgh Magazine, Vol. 63, No. 390, April, 1848
Various
England -- Periodicals; Scotland -- Periodicals
Layer’s trial soon followed. The evidence proved that he had been
engaged in a plan for a general insurrection, for the overthrow of the
established government, and for bringing in the Chevalier. The king, the
prince, and the ministers, were to be seized, the Tower was to be taken,
and the army was to be bought over. The correspondence on this subject
had been seized at Layer’s chambers, in Southampton Buildings, and was
in his handwriting.
An instance of what may be regarded as the etiquette of English law, was
given on his trial. The prisoner had been carried to the court at
Westminster in fetters, of which he complained to the Chief Justice as
an insult. To this it was replied, that he had made an attempt to
escape; on which the judge said, that the use of the fetters was
justifiable. But, on his being brought into court, his counsel applied
to have the fetters taken off; to which the judge replied, “The irons
_must_ be taken off: we shall not stir until the irons are taken off.”
The Solicitor General spoke with great effect in reply to the prisoner’s
counsel, and Layer was found guilty. He was several times reprieved, in
the hope of obtaining evidence sufficient to implicate persons of higher
rank, who were strongly suspected, Layer being evidently but an agent.
However, he was at length executed.
A bill of pains and penalties was then brought in against the Bishop of
Rochester. Among the witnesses in his favour was the celebrated
Alexander Pope, who came forward to depose to the Bishop’s domestic
habits and studies. But it was remarked, that his performance on this
occasion only showed that his abilities were not formed for exhibition
in a court of justice. He made but an indifferent figure as a witness:
he had but little to say, and that little he blundered.
Atterbury himself, however, made a better display. It having been
insinuated that Sir Robert Walpole had tampered with the Bishop’s
witnesses, for the purpose of involving other persons of condition,
Walpole appeared in person to disavow the charge. Atterbury fastened on
him, and exerted all his dexterity to make him contradict himself. “A
greater trial of skill,” observed Speaker Onslow, “than this scarcely
ever happened between two such combatants,—the one fighting for his
reputation, the other for his acquittal.” The bill of pains and
penalties was brought in by eighty-seven peers to forty-three. Atterbury
was banished; and the following paragraph in one of the journals gives
the account of his departure:—
Public-domain text, read in full here on John Shaqi.
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