under the terrors of
death. When brought to the bar of the Old Bailey he not only pleaded
guilty, but disgraced the illustrious name which he bore by abject
submissions and entreaties. He protested that he had not been privy
to the design of assassination; but he owned that he had meditated
rebellion, professed deep repentance for his offence, implored the
intercession of the Judges, and vowed that, if the royal clemency
were extended to him, his whole life should be passed in evincing
his gratitude for such goodness. The Whigs were furious at his
pusillanimity, and loudly declared him to be far more deserving of blame
than Grey, who, even in turning King's evidence, had preserved a certain
decorum. Hampden's life was spared; but his family paid several thousand
pounds to the Chancellor. Some courtiers of less note succeeded in
extorting smaller sums. The unhappy man had spirit enough to feel keenly
the degradation to which he had stooped. He survived the day of his
ignominy several years. He lived to see his party triumphant, to be once
more an important member of it, to rise high in the state, and to make
his persecutors tremble in their turn. But his prosperity was embittered
by one insupportable recollection. He never regained his cheerfulness,
and at length died by his own hand. [39]
That Delamere, if he had needed the royal mercy, would have found it is
not very probable. It is certain that every advantage which the letter
of the law gave to the government was used against him without scruple
or shame. He was in a different situation from that in which Stamford
stood. The indictment against Stamford had been removed into the House
of Lords during the session of Parliament, and therefore could not be
prosecuted till the Parliament should reassemble. All the peers would
then have voices, and would be judges as well of law as of fact. But the
bill against Delamere was not found till after the prorogation. [40]
He was therefore within the jurisdiction of the Court of the Lord High
Steward. This court, to which belongs, during a recess of Parliament,
the cognizance of treasons and felonies committed by temporal peers, was
then so constituted that no prisoner charged with a political offence
could expect an impartial trial. The King named a Lord High Steward.
The Lord High Steward named, at his discretion, certain peers to sit
on their accused brother. The number to be summoned was indefinite. No
challenge was allowed.
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