London in the Jacobite times, Volume IDoran, Dr. (John)
History
London in the Jacobite times, Volume I
Doran, Dr. (John)
London (England) -- History -- 18th century
The hope that saving the time of the court by pleading guilty might
perhaps redeem life, if it failed to secure liberty, not only induced
many prisoners to make that plea, but others to withdraw the plea they
had previously put in, of not guilty. James Swinburne had pleaded
not guilty, but he and his friends took a new course. They had so
manipulated the king’s evidence, that the witnesses now stoutly swore
that they believed Swinburne was mad. The Judges, at all events, were
in possession of _their_ senses. They knew nothing about ‘exacerbation
of insanity,’ and cared as little for ‘the mad doctor’ who was said to
have had the prisoner under his care. They wisely remarked that if a
criminal was proved to be mad, his life might be saved, ‘but then it
must be such a madness as showed a total deprivation of reason, which
appeared not the case with the prisoner.’ Swinburne was found guilty,
and the judge sentenced him to death. His brother, Edward Swinburne,
was put to the bar after him. Patten was the chief evidence, and that
rascal coolly deposed:――‘I saw Mr. Edward Swinburne at Wooler, where I
myself joined the rebels. I brought in eighteen men with me; and Mr.
Edward said, I was welcome with my troop, and need not fear being ill
received.’ Patten added other evidence equally condemnatory of himself,
on which, not he, but Edward Swinburne was convicted, and condemned to
be hanged! Mr. Richard Butler was sentenced to the gallows, on similar
testimony!
Meanwhile, they were sent back to various prisons, but most of them to
Newgate.
[Sidenote: _SCOTT’S NEWGATE._]
Scott (in ‘Rob Roy’) has reflected the interior of Newgate at this
time. Sir Hildebrand Osbaldiston with his wounded son John, and the
memory of his other son, Wilfrid, slain at Preston, had an original in
that gloomy prison. The dying John, bequeathing, with his last breath,
his cast of hawks, at the Hall, and his black spaniel bitch called
Lucy, was not without a prototype in that dungeon. So it was with the
religious visit of the chaplain of the Sardinian Ambassador, permission
for which was got with difficulty;――and the dying, less of fear of the
future, than of utter breaking down of mind, heart, and body;――and
the suspicion on the part of the Jacobites as to the intentions that
lay under the proffered kindness of a Whig. The following picture too
appears to be a faithful reflex of the original:――
Public-domain text, read in full here on John Shaqi.
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