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
of his blood, was once rebuked in the House of Lords by Earl Cowper.
Lord Strafford had referred to Marlborough as a general who ‘fomented
war.’ In reply, Earl Cowper remarked, ‘The noble lord does not express
himself in all the purity of the English tongue; but he has been so
long abroad, he has forgotten both the constitution and the language of
his country.’
The jokers had their fun out of this serious matter. Pasquin, in March,
sarcastically congratulated the Ministry on their vigilance and success
in detecting the horrid conspiracy; adding, ‘A great Patriot was heard
last Tuesday night to declare in a public Coffee House, that after
hearing the Report of the Commons, “_no man in his senses would doubt
there had been a_ PLOT. N.B.――He said this without any grimace!”’
[Sidenote: _CONDEMNATION OF PLUNKETT._]
Several weeks elapsed before the first of the three accused persons was
disposed of. It was not till April that the Bill against Plunkett went
through all its legal stages, whereby he was condemned to perpetual
imprisonment, with forfeiture of all his possessions, and in case of
breaking prison, followed by recapture, death, for himself and any who
might aid him.
[Sidenote: _KELLY’S TRIAL._]
Kelly was next brought from the Tower, before the Lords. Like Plunkett
he was so rigorously watched in his prison that two warders were at
his side night and day, and even the use of a knife was prohibited.
There were certain fees to be paid to the Governor for severe duties,
with which the captive would willingly have dispensed; and a rent was
required for his room, the tenancy of which was imposed on him against
his will. For these matters, however, the Government that prosecuted
him furnished him with means.
The Jacobite lawyer, Sir Constantine Phipps, fought his client’s battle
with aggravating pertinacity. He denied the legality of evidence which
consisted, as in Plunkett’s case, of copies of letters, the alleged
originals of which no one but the reporting committee had seen; and
also did he deny the validity of testimony founded on mere hearsay. Sir
Constantine, however, was sharply pulled up by the Lord Chancellor,
who informed him that their Lordships had had full satisfaction of the
truth of the extracts copied from letters, and of the hearsay evidence
on other occasions. Kelly’s friends among the peers attempted to attach
a rider to the Bill, providing that, on his giving good security he
should be permitted to reside abroad. The attempt failed. An extract
from one of the letters addressed to Kelly, and seized when in his
possession, relating to a dog brought from Paris, was supposed to have
reference to Atterbury, and to be very redolent of treason. Phipps
ridiculed this, but Lord Cartaret rose and said: ‘I have received
letters from his Majesty’s Minister in Paris, relating to Kelly’s
procuring a dog in Paris, for some person here.’
[Sidenote: _KELLY’S DEFENCE._]
Public-domain text, read in full here on John Shaqi.
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