Blackwood's Edinburgh Magazine, Volume 69, No. 427, May, 1851Various
General
Blackwood's Edinburgh Magazine, Volume 69, No. 427, May, 1851
Various
England -- Periodicals; Scotland -- Periodicals
It will be recollected that the indictment embraced three distinct
classes of alleged forgeries--the excerpt charter of _Novodamus_, the
Le Normand packet, and the De Porquet packet. To establish the "using"
and "uttering" of these instruments, evidence was given of their having
been adduced, on the part of the prisoner, in the various Scottish
courts in which he had from time to time asserted, and endeavoured to
maintain his claims. Lord Cockburn's important judgment of the 10th
December 1836 was also put in evidence, as were also the examinations
of the prisoner, some of his correspondence, and the instruments
charged by the indictments to be forgeries. Let us take these latter in
their order; and--
I. THE EXCERPT CHARTER OF _Novodamus_ OF THE 7TH DECEMBER 1639. Was
this a genuine or a forged document? The acute and learned scrutiny to
which it was subjected elicited remarkable and most decisive results.
We know a little more than was disclosed to the Court--namely, that
the mysterious discovery of this "excerpt" was communicated to the
prisoner from Ireland by his indefatigable agent, Mr Banks, on the
17th March 1829. All that was proved before the Court was, that the
prisoner delivered it in that year to his law-agents, who immediately
commenced proceedings in the Scotch courts to "_prove its tenor_." Let
it be observed, that "this most suspicious scrap of writing," as the
Solicitor-General styled it,[16] professed to be only an "excerpt" of
a lost charter of King Charles I., dated the 7th December 1639--not
an entire copy, but only "an abridged copy;" and the exigencies of
the prisoner's case had required that _that_ identical excerpt should
have been in existence at least as long ago as the year 1723,[17]
since it bore an indorsement[18] by "Thomas Conyers," attesting its
authenticity, dated the 10th July 1723. It will be impossible, however,
to appreciate the force of the delicate but decisive evidence brought
to bear upon this unlucky document, unless we have a distinct idea of
the different stages of progress through which a royal charter would
have to pass in the year 1639. They were explained at the trial by
several learned and experienced officials; and we have taken some pains
to clear away technicalities, and present their evidence briefly and
popularly. The stages, then, through which a royal charter had to pass
were three.
[16] Swinton, p. 196.
[17] _Ante_, p. 470, _et passim_.
[18] _Ante_, p. 474.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account