The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
Up to this time the panel had been defended by four eminent advocates
mercifully appointed thereto by the Privy Council; there had been the
usual Allegations, Replyes, and Duplies, with frequent citations from
Mattheus, Carpzovius, Muscard, and the other fossils, as to the matters
contained in the “ditty” (indictment), and they had strenuously fought
for him till now, but after the statement of the children they retired.
Then Sir George Mackenzie rose to reply for the Crown. Famous in his
own day, his name is not yet forgotten. He was “the bluidy advocate
Mackenzie” of Covenanting legend and tradition, one of the figures in
Wandering Willie’s tale in _Redgauntlet_ (“who for his worldly wit
and wisdom had been to the rest as a god”). He had been Lord Advocate
already, and was presently to be Lord Advocate again. Nominally but
second counsel he seems to have conducted the whole prosecution. He had
a strong case, and he made the most of it. Passionate invective and
prejudicial matter were mixed with legal argument. Cultured politician
and jurist as he was, he dwelt with terrible emphasis on the scene in
Morham kirk. “God Almighty Himself was pleased to bear a share in
the testimonies which we produce.” Nor was the children’s testimony
forgotten. “I need not fortifie so pregnant a probation.” No! yet he
omitted not to protest for “an Assize of Error against the inquest
in the case they should assoilzie the pannal”--a plain intimation to
jury that if they found Philip Standsfield “not guilty” they were
liable to be prosecuted for an unjust verdict. But how to doubt after
such evidence? The jury straightway declared the panel guilty, and my
lords pronounced a sentence of picturesque barbarity. Standsfield was
to be hanged at the Mercat Cross of Edinburgh, his tongue cut out and
burned upon the scaffold, his right hand fixed above the east port
of Haddington, and his dead body hung in chains upon the Gallow Lee
betwixt Leith and Edinburgh, his name disgraced for ever, and all his
property forfeited to the Crown. According to the old Scots custom the
sentence was given “by the mouth of John Leslie, dempster of court”--an
office held along with that of hangman. “Which is pronounced for doom”
was the formula wherewith he concluded.
Public-domain text, read in full here on John Shaqi.
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