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
On the fifth day Lord Stafford summed up his defence. He laid special
stress on the infamous character of his accusers and his own clean
record, the points in which the witnesses had been contradicted,
and the general improbability of the charge. His speech was badly
received. The opportunity of a slight pause was seized by Lord Lovelace
to spring to his feet and denounce with indignation the presence in
court of a well-known Roman Catholic.[750] Moreover the prisoner
made a grave tactical mistake in proposing for argument a number of
points of law, of which some were frivolous and others had already
been authoritatively determined. Of these the only one which could be
considered material was the question whether or no in a case of high
treason two witnesses were necessary to prove each overt act alleged,
since the witnesses against Lord Stafford had sworn separately, and
never together, to the commission of several acts. This had in fact
been determined in the case of Sir Harry Vane,[751] but now with
remarkable consideration for the prisoner the opinion of the assembled
judges was taken: it was unanimous to the effect that the evidence of
two separate witnesses to two distinct acts constituted a proof of
high treason. The other points were easily disposed of by Jones and
Winnington.[752]
In a speech of great ability Sir William Jones answered the accused.
Here especially the professional training of the managers had weight.
With the ease and decision of a practised lawyer the leader ran over
the trial, setting the strong points of the prosecution in a clear
light and minimising the value of the defence. His zeal was evident,
but hardly unfair. If here and there a statement overshot the mark of
strict accuracy, the effect of his speech was only enhanced by the
patience with which he submitted to correction from the prisoner.
Concluding with a short but powerful address, he demanded that the
court should do “that justice to your king and country as to give
judgment against these offenders, which will not only be a security
to us against them, but a terror to all others against committing the
like offences.”[753] On the night of Saturday, December 4, Stafford
petitioned to be heard again in his defence. His request was granted,
but the rambling speech to which the court listened on the Monday
following was calculated to produce any effect rather than that of
advancing his cause. The managers only found it necessary to reply very
briefly before the court adjourned to consider its verdict.[754]
Public-domain text, read in full here on John Shaqi.
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