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
when it was submitted to their inspection." The Solicitor-General
had thus closed _his_ remarks on the subject of the above excerpt
charter: "These considerations make the absence of all explanation as
to the history of this document a most suspicious circumstance in the
prisoner's case; so much so, with submission, that the possession of
the deed must be accounted for by the prisoner in some way or other,
before he can shake himself free from the charge that is now made
against him."
The following is the substance of the answer to this portion of the
case, offered by his eloquent and ingenious advocate. Unable to
struggle against the bulk of the professional evidence tending to
impeach the genuineness of the excerpt, and to disprove the existence
of the alleged charter from which it was taken, Mr Robertson admitted
that there were the great distinctions which had been alleged, between
a completed charter and the instrument which preceded it; that the
words "_per signetum_" could not properly appear on a completed
charter; that the document under consideration purported to be an
excerpt of such completed charter; that the abbreviations "_Reg. Mag.
Sig. Lib. LVII._" could not appear on an excerpt of the date assigned
by the prisoner to that which he had brought forward before the
Scottish courts; that it was proved that no such charter as that of the
9th Dec. 1639 was entered on record; and that Archbishop Spottiswoode
could not have attested such an instrument, having undoubtedly ceased
to be chancellor, and died previously to its date. BUT he said that
there was a vast difference between a genuine, though erroneous copy,
and a forged principal; and also between a forgery (if such it were)
so palpable as to challenge everybody's notice, and one so skilfully
executed as to have been capable of deceiving all the Scottish law
functionaries, and the prisoner's own law advisers, and himself, for
a period of ten years, during which it had been courting examination,
without forgery having been suggested till that prosecution. But
_was_ the excerpt proved to be a forgery? The statement in the Lord
Ordinary's judgment, relating to Hovenden's affidavit, showed that
there was evidence--or something like it--in that proceeding, to
establish the existence of the excerpt in 1723. The document was not
a _copy_ of the alleged charter, but only an excerpt or _extract_;
and so might be explained the absence of some matters which would
be in the original. And as to the admitted _errors_, the excerpt
was made in Ireland, not in Scotland; was "an old _Irish_ bungled
copy"--a "blundered _Irish_ extract"--"an _Irish_ excerpt of a copy of
a deed"--"an _Irish_ copy." The marking "_Reg. Mag. Sig. Lib. LVII._"
in the margin may have been an _ex post facto_ addition by some third
person, who may be the person who had invented the story of Cromwell
carrying off the records of Scotland. "_Consanguineus_ noster," and
Public-domain text, read in full here on John Shaqi.
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