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
But when it hath been their practice so to do; when
they have debauched men’s understandings, overturned all morals, and
destroyed all divinity, what shall I say of them? When their humility
is such that they tread upon the necks of emperors; their charity such
as to kill princes, and their vow of poverty such as to covet kingdoms,
what shall I say to them?... This is a religion that quite unhinges
all piety, all morality, and all conversation, and to be abominated
by all mankind.”[721] Yet Scroggs’ language was no stronger than
that of his brothers on the bench. Jeffreys in sentencing Ireland,
Wild in sentencing Green, Jones in sentencing Tasborough attained an
exactly similar style. At the trial of Penn and Mead in 1670 the court
was at least equally ill-mouthed, and nothing ever heard in a court
of justice surpassed the torrents of venomous abuse which Coke, as
Attorney-General, poured upon the head of Raleigh at his trial in 1603.
One fact in judicial procedure exercised an immense influence on the
nature of speeches from the bench. The judges took no notes.[722] In
summing up the evidence they relied solely upon memories developed for
this purpose to an extent which seems almost marvellous. But another
result besides this remarkable mental training was that in his summing
up the judge had no set form by which to direct himself. There was not
the constraint which comes from the necessity of following a definite
guide on prosaic slips of paper. It followed that the whole of this
part of his work was far more loose and undefined than it has come to
be since the additional burden of taking notes has been imposed. Not
only could he, but it was natural that he should, break off from the
course of the evidence to interpose comments more or less connected
with it; and in the days of little learning and violent religious
prejudice, the judge’s comment was likely to take the form of abuse of
the creed which he did not profess.
Public-domain text, read in full here on John Shaqi.
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