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
all the judges, Pratt, Powys, and Fortescue Aland, declared all the
objections groundless; but a world of words was wasted before Layer
could be brought to plead. Ultimately he pleaded _Not Guilty_, and he
was ordered back to the Tower. He asked earnestly to be allowed to have
there the comfort of the company of his wife and sister. In his hour of
great peril, he thought of his two best, truest, and wisest friends.
Pratt sanctioned the companionship of the wife alone. Layer urged that
she would be subject to humiliating search on the part of rude warders
every time she passed to or fro; but that when there were two women,
one might save the other from gross insult. ‘No, no!’ said the Chief
Justice, ‘we must not be too forward in allowing women to go there. We
all remember how an escape from the Tower was managed by women going
thither.’
[Sidenote: _THE TRIAL._]
The trial was opened on the 21st of November. Layer stumbled forward to
his place, still weighed down by irons. Pratt, at the sight, exclaimed,
as if the matter occurred to him for the first time, ‘I will not stir
till the prisoner’s irons are taken off;’――accordingly they fell;
and the next scene in the drama was the calling and challenging the
jury. Layer recognised some of them who had said they would hang him
if they were on the panel, and his ‘challenge for cause’ was allowed.
His right to peremptory challenge was also unquestioned, but almost
invariably when Layer accepted the juror, by remaining silent at the
calling of the name, the Attorney-General struck in with the cry: ‘I
challenge him for the king,’ and the possible Tory or Jacobite was
set aside. ◆[Sidenote: _A FALSE WITNESS._]◆ Every avenue of escape
was as carefully closed by the Whig lawyers. The junior counsel, in
opening the case, asked how the jury could find a man not guilty
who had fled from justice as soon as he was accused. The jury were
told, moreover, that even if it were possible they could not convict
him, they would have ‘to enquire of his goods and chattels;’ thus
forfeiture of estate seems to have followed the mere charge of high
treason! Layer was charged with every possible sort of treason,
but the heaviest and highest included all the rest,――regicide, or
what Layer’s Jacobite friends called ‘securing the person of King
George in safety from the mob.’ Wearg did not go into detail with
much bitterness, and the Attorney-General, who followed, confined
himself to a renewal of circumstances already detailed. He then called
Stephen Lynch, and a very accomplished villain stept into the box with
ostentatious alacrity. He was objected to by Layer as a man who had
confessed to treason, and who was about to give evidence which had
already bought for him a promise of pardon. This was pooh-poohed by
one of the judges. Lynch, he remarked, might speak the truth under
that promise; and suppose he did not, he could not be questioned on
it. Lynch’s evidence showed one side of Jacobite hireling life. He (a
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