“Moreover, what gentleman is ignorant that Knaresborough had a castle;
which, though now a ruin, was once considerable, both for its strength
and garrison? All know it was vigorously besieged by the arms of
parliament; at which siege, in sallies, conflicts, flights, pursuits,
many fell in the places round it, and where they fell, were buried; for
every place, my lord, is burial earth in war; and many, questionless,
of these, rest yet unknown, whose bones futurity shall yet discover.
“I hope, with all imaginable submission, that what has been said will
not be thought impertinent to this indictment; and that it will be far
from the wisdom, the learning, and the integrity of this place, to
impute to the living, what zeal in its fury may have done; what nature
may have done; what nature may have taken off, and piety interred; or
what war alone may have destroyed, alone deposited.
“As to the circumstances that have been raked together, I have nothing
to observe, but that all circumstances whatever, are precarious, and
have too frequently been found lamentably fallible; even the strongest
have failed. They may rise to the utmost degree of probability, yet
they are but probability still. Why need I name to your lordship
the two Harrisons, recorded by Dr. Howel, who both suffered upon
circumstances, because of the sudden disappearance of their lodger,
who was in credit, had contracted debts, borrowed money, and went off
unseen, and returned a great many years after their execution? Why
name the intricate affair of Jacques de Moulin, under king Charles
II., related by a gentleman who was counsel for the crown? and why the
unhappy Coleman, who suffered innocent, though convicted upon positive
evidence, and whose children perished for want, because the world
uncharitably believed the father guilty? Why mention the perjury of
Smith, incautiously admitted king’s evidence, who, to screen himself,
equally accused Faircloth and Loveday of the murder of Dunn; the first
of whom, in 1749, was executed at Winchester; and Loveday was about to
suffer at Reading, had not Smith been proved to be perjured, to the
satisfaction of the court, by the surgeon of the Gosport hospital?
“Now, my lord, having endeavored to show that the whole of this
process is altogether repugnant to every part of my life; that it is
inconsistent with my condition of health about that time; that no
rational inference can be drawn that a person is dead who suddenly
disappears; that hermitages were the constant repositories of the bones
of the recluse; that the revolutions in religion, or the fortunes of
war, have mangled or buried the dead; the conclusion remains, perhaps
no less reasonably than impatiently wished for. I, at last, after a
year’s confinement, equal to either fortune, put myself upon the
candor, the justice, and the humanity of your lordship, and upon yours,
my countrymen, gentlemen of the jury.”
Public-domain text, read in full here on John Shaqi.
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