The History of England, from the Accession of James II — Volume 2Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 2
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
The crown lawyers then changed their ground again, abandoned altogether
the charge of writing a libel, and undertook to prove that the Bishops
had published a libel in the county of Middlesex. The difficulties were
great. The delivery of the petition to the King was undoubtedly, in the
eye of the law, a publication. But how was this delivery to be proved?
No person had been present at the audience in the royal closet, except
the King and the defendants. The King could not well be sworn. It was
therefore only by the admissions of the defendants that the fact of
publication could be established. Blathwayt was again examined, but in
vain. He well remembered, he said, that the Bishops owned their hands;
but he did not remember that they owned the paper which lay on the table
of the Privy Council to be the same paper which they had delivered to
the King, or that they were even interrogated on that point. Several
other official men who had been in attendance on the Council were
called, and among them Samuel Pepys, Secretary of the Admiralty; but
none of them could remember that anything was said about the delivery.
It was to no purpose that Williams put leading questions till the
counsel on the other side declared that such twisting, such wiredrawing,
was never seen in a court of justice, and till Wright himself was forced
to admit that the Solicitor's mode of examination was contrary to
all rule. As witness after witness answered in the negative, roars of
laughter and shouts of triumph, which the judges did not even attempt to
silence, shook the hall.
It seemed that at length this hard fight had been won. The case for the
crown was closed. Had the counsel for the Bishops remained silent, an
acquittal was certain; for nothing which the most corrupt and shameless
judge could venture to call legal evidence of publication had been
given. The Chief justice was beginning to charge the jury, and would
undoubtedly have directed them to acquit the defendants; but Finch, too
anxious to be perfectly discreet, interfered, and begged to be heard.
"If you will be heard," said Wright, "you shall be heard; but you do not
understand your own interests." The other counsel for the defence made
Finch sit down, and begged the Chief justice to proceed. He was about to
do so when a messenger came to the Solicitor General with news that Lord
Sunderland could prove the publication, and would come down to the court
immediately. Wright maliciously told the counsel for the defence that
they had only themselves to thank for the turn which things had taken.
The countenances of the great multitude fell. Finch was, during some
hours, the most unpopular man in the country. Why could he not sit still
as his betters, Sawyer, Pemberton, and Pollexfen had done? His love of
meddling, his ambition to make a fine speech, had ruined everything.
Public-domain text, read in full here on John Shaqi.
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