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
Layer was put in close confinement in the Tower; even his clerks were
placed in the custody of messengers; and his wife was brought to town
from Dover in custody. Previous to his trial, his passage from the
Tower to Whitehall, where the Secretaries of State and the Committee
of Council sat to interrogate him, was one of the sights of London.
The state prisoner was conveyed in a carriage, surrounded by warders,
and preceded and followed by detachments of foot guards. With similar
solemnity he was carried down to Romford, to plead, after a true bill
had been found against him; and then followed, but not immediately, the
last struggle for life.
[Sidenote: _ANTAGONISTIC LAWYERS._]
The case was carried to the Court of King’s Bench, on the 21st of
October, 1722. The accused traitor was brought into court, heavily
chained and fettered. Threats from loyal Whigs assailed him as he
staggered beneath his clanking burthen through Westminster Hall. A
cowardly fellow shouted that Layer, or the plot, must die! Two or three
men, waiting to be summoned on the jury, declared that, if called,
they would hang him! He mentioned these insults in court, and he asked
that he might be allowed to stand free of the grievous bonds which
oppressed him. He would then have his reason clearer, and he might hope
for ‘a fair and tender trial.’ Chief Justice Pratt promised him ‘a
fair and just one,’ but would not order his bonds to be unloosed. The
Attorney-General, Raymond, said, ‘He has as much liberty as is allowed
to prisoners who have tried to escape.’ Yorke, the Solicitor-General,
declared that Layer’s complaints were only made to excite sympathy.
Pratt agreed with both gentlemen. Hungerford, Layer’s chief counsel,
protested that this was the first case of a prisoner from the Tower
coming loaded with irons to plead; and Kettleby, also on his side,
maintained that Layer had a right to stand unshackled before he pleaded
to the charge against his life. This latter barrister tempered his
boldness with a little servility. ‘Having been appointed by your
lordship to defend the prisoner, I will not apologize for the course
I take.’ This was one way of begging the court to excuse that course.
Layer, in pitiful state from painful organic suffering, which was
aggravated by his heavy load of chains, was compelled to stand. The
sympathising ‘gentleman gaoler’ held up his captive’s bonds in his own
hands, to save him from fainting. The charge was then read in Latin,
and Kettleby argued its worthlessness, if not in law, in the badness
of its Latin. ‘It is Latin,’ he said, ‘that may go down in Westminster
Hall, but it would not in Westminster School.’ Similar pointed remarks
came up at the close of long――very long――winded discussions, to which
Sergeant Pengelly, for the Crown, replied by expressing his suspicion
that Kettleby’s objections, made with such pomp and ceremony, probably
meant something else than mere quashing of the indictment; upon which
Public-domain text, read in full here on John Shaqi.
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