The Knickerbocker, or New-York Monthly Magazine, May 1844: Volume 23, Number 5Various
History
The Knickerbocker, or New-York Monthly Magazine, May 1844: Volume 23, Number 5
Various
Periodicals
C. J. NORTH. 'The oath the jury take is, _that they shall well and truly
try, and true deliverance make_ of such prisoners as they shall have in
charge; the charge of the jury is not full 'till the court give them a a
charge at last, after evidence had; and because there was a mistake in
your case, that the evidence was not so full as might be, the jury before
they ever considered concerning you at all they were discharged, and so
you were not in jeopardy; and, I in my experience, know it to be often
done, and 'tis the course of law.'
In this opinion all the judges coincided. Sad indeed was the condition of
things in poor England when all her judges could resort to such miserable
quibbles; or worse than this, could deliberately falsify the law, to
condemn to an ignominious death two defenceless prisoners!
To return from this digression. The three remaining prisoners were found
guilty. The Chief Justice in charging the jury was even more violent
against the Papists than in his charge at Coleman's trial: 'Some hold that
the pope in council is infallible; and ask any Popish Jesuit of them all
and he will say the pope is himself infallible in council or he is no true
Jesuit; and if so, whatever they command is to be justified by their
authority; so that if they give a dispensation to kill a king, that king
is well killed. They indulge all sorts of sins, and no human bonds can
hold them.
'They have some parts of the foundation 'tis true, but they are
adulterated and mixed with horrid principles and impious practises. They
eat their God, they kill their king, and saint the murderer. This is a
religion that quite unhinges all piety, all morality, all conversation,
and to be abominated by all mankind.
'I return now to the fact which is proved by two witnesses, and by the
concurrent evidence of the letter and the maid; and the matter is as plain
and notorious as can be, that there was an intention of bringing in popery
by a cruel and bloody way; for I believe they never could have prayed us
into their religion. I leave it therefore for you to consider whether you
have not as much evidence from these two men as can be expected in a case
of this nature; and whether Mr. Oates be not rather justified by the
testimony offered against him, than discredited. Let prudence and
conscience direct your verdict, and you will be too hard for their art and
cunning.
'Gentlemen, if you think you shall be in long we will adjourn the court
till the afternoon and take your verdict then.'
JURY. 'No, my lord, we shall not be long.'
After a very short recess the jury returned with a verdict of guilty
against all.
C. J. 'You have done, gentlemen, like very good subjects and very good
Christians; that is to say, like very good Protestants. And now, much good
may their thirty thousand masses do them!'
Public-domain text, read in full here on John Shaqi.
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