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
was naturally impossible, nothing could be done.[543]
The inability of the court to allow real favour to the accused receives
constant illustration from the trial of Lord Stafford. It might have
been expected that a venerable peer, standing to be judged by his peers
and surrounded by his relatives and old acquaintances, would receive
an amount of respect and favour which was denied to meaner folk. But
this was far from being the case. In spite of the evident desire
of the Lord Chancellor, who presided in the capacity of Lord High
Steward, to allow to the accused every advantage that was consistent
with his duty, he found it impossible to contest against the managers
of the prosecution in their demand that the rules should be exerted
against him in all their usual harshness. Time after time the counsel
pressed home points of procedure which lay in their favour. It roused
the indignation of Jones and Maynard that the barristers retained by
Lord Stafford to be his counsel on matters of law stood so near him
that they might be suspected of wishing to prompt him in matters of
fact, and they were forced to move to a greater distance from the
prisoner.[544] When at the end of the second day of the trial Finch
urged that before further proceedings a day’s rest should be given to
the prisoner to recover from his great physical fatigue, the managers
withstood his proposal eagerly. The Lord High Steward asked what
inconvenience would ensue. They could suggest none of consequence, but
said that the delay would be highly unusual and that it was a most
unreasonable thing to demand. Jones’ zeal was such that he exposed
himself to a well-deserved snub from the court.[545] Without being
in the least abashed he pursued his speech and finally carried the
point triumphantly.[546] A similar violation of the maxim _De vitâ
hominis nulla est cunctatio longa_, which the Lord Chancellor quoted on
this occasion, occurred during the trial of Lord Russell, when Chief
Justice Pemberton would have granted a short respite to the prisoner
but for the opposition of the prosecuting counsel. “Mr. Attorney, why
may not this trial be respited till the afternoon?” To which the
Attorney-General rudely replied, “Pray call the jury”; and Pemberton
had nothing for it but to say to the prisoner, “My Lord, the king’s
counsel think it not reasonable to put off the trial longer, and we
cannot put it off without their consent.” On the last day of Lord
Stafford’s trial the court again displayed its weakness as a protector
of the accused. Owing to the prisoner’s excessive weakness and failure
to make his voice heard, the Lord High Steward ordered a clerk to read
the paper from which he was struggling to propose certain points of
law to be argued. The managers immediately objected. It was contrary
to custom and might be turned into a dangerous precedent. Finch
was compelled to give way to their harsh insistence, and Stafford,
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