The Gunpowder Plot and Lord Mounteagle's Letter, Being a Proof, with Moral Certitude, of the Authorship of the Document: Together with Some Account of the Whole Thirteen Gunpowder Conspirators, Including Guy FawkesSpink, Henry
History
The Gunpowder Plot and Lord Mounteagle's Letter, Being a Proof, with Moral Certitude, of the Authorship of the Document: Together with Some Account of the Whole Thirteen Gunpowder Conspirators, Including Guy Fawkes
Spink, Henry
Gunpowder Plot, 1605; Monteagle, William Parker, Baron, 1574 or 1575-1622
As all degrees are here included, it is sometimes said that there are no
degrees of secondary evidence. This must not be misunderstood to mean that
all secondary evidence is entitled to be received as of the same degree of
credibility. For a further, and in some respects parallel, distinction to
that lastly taken, arises as the speech is or is not deliberate, the
writing authenticated, the conduct reasoned. And in every case partiality,
bias, and prejudice are grounds not to be neglected in the ascertainment
of accuracy and trustworthiness.
So far as regards the nature or proximity of the relation, evidence is
either direct and immediate, or indirect and mediate, called
circumstantial; as concerned rather with the surrounding circumstances
leading to the proof of the presumed truth of a fact than with the fact
itself.
Direct Evidence comprises those facts from which, if proved, the truth of
the proposition, statement, or conclusion necessarily follows.
Circumstantial Evidence comprises those facts from which again may be
inferred facts, whence the truth of the proposition, statement, or
conclusion must necessarily follow.
This inferential method is especially involved in Circumstantial Evidence.
In all evidence there is a presumption open more or less to rebuttal, and
evidence on this account is qualified as, _e.g._, _primâ facie_,
conclusive. In Direct Evidence there is the presumption of the truth of
the proposition, statement, or conclusion from the proven facts. In
Circumstantial Evidence there is first an inference of directly connected
facts, otherwise unknown or unevidenced from remotely connected facts,
known or given in evidence; then there is further a presumption of the
truth of the proposition, statement, or conclusion from these mediately
established facts.
APPENDIX B.
DISCREPANCY AS TO DATE WHEN NOT MATERIAL TO ISSUE,
NO DISPROOF OF TRUTH OF THE REST OF THE ASSERTION.
The above doctrine of the law of Evidence applies, of course, to whatever
may be the nature or purpose of the Inquiry, whether conducted in a Court
of Law, in the library of the historical scholar, or elsewhere.
The principle was soundly stated at the trial of “the Venerable” Martyrs,
Fathers Whitbread, Harcourt, Fenwick, Gavan, and Turner, at the Old
Bailey, by Sir William Scroggs, Knt., the Lord Chief Justice of the King’s
Bench, on the occasion of the Popish Plot Trials, in the year 1679.
“If it should be a _mistake only in point of time_, it destroys not the
evidence, _unless you think it necessary to the substance of the thing_.
Public-domain text, read in full here on John Shaqi.
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