The Popish Plot: A study in the history of the reign of Charles IIPollock, John
History
The Popish Plot: A study in the history of the reign of Charles II
Pollock, John
Popish Plot, 1678
In a trial of any intricacy the case for the crown was usually divided
between several counsel. Each worked out his part minutely before
giving place to the next, partly by making direct statements, partly
by a string of questions addressed to the prisoner. The trial was thus
resolved into a series of excited altercations between the accused
and the counsel for the crown. The success with which the defence was
conducted depended entirely upon the skill and readiness displayed by
the prisoner himself. At his trial for treason in 1554[519] Sir Nicolas
Throckmorton maintained for close upon six hours a wordy conflict with
Sergeant Stamford and the Attorney-General, and acquitted himself so
well that the jury after deliberating for two hours returned a verdict
of not guilty.[520] The Duke of Norfolk, convicted of high treason
in 1571, was set an even harder task, for he was compelled to deal
successively with no less than four eminent counsel who had undertaken
different parts of the case against him.[521]
Apart from the opening speeches of the crown lawyers and the summing
up of the evidence by the judge at the end of the trial, there was
little room for any display of fine oratory, and practically none
for the sentimental appeal to the jury which at a later date became
so prominent a feature in the courts. Every point was argued by the
opposing parties in a close and acrimonious conversation, which had at
least the merit of throwing light from every possible point of view
on the subject in hand. In this the judges presiding did not take
much part, nor was the summing up regarded as of special importance;
but explanatory remarks, and questions on points which seemed to the
judges to have been overlooked, were occasionally interposed from the
bench.[522]
But what weighed most heavily of all against the prisoner was the fact
that rules of evidence, as they are understood at the present time,
were practically unknown. The only distinction recognised was between
the evidence of an eye-witness to the actual crime and everything
else. If other than eye-witnesses were admitted, there seemed to be
no reason why the most insignificant evidence upon hearsay of facts,
however remotely connected with those alleged in the charge, should not
be produced against the prisoner. Even the production of the originals
of documents relied upon as evidence for the prosecution was not
required.[523]
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