"
Mr. Hume, indeed, observes: "It is in vain, at present, to seek for
improbabilities in Nicholas Hubert's dying confession, and to magnify
the smallest difficulties into a contradiction. It was certainly a
regular judicial paper, given in regularly and judicially, and ought to
have been canvassed at the time, if the persons, whom it concerned, had
been assured of their innocence." To which our author makes a reply,
which cannot be shortened without weakening it:
"Upon what does this author ground his sentence? Upon two very plain
reasons, first, that the confession was a judicial one, that is, taken
in presence, or by authority of a judge. And secondly, that it was
regularly and judicially given in; that must be understood during the
time of the conferences before queen Elizabeth and her council, in
presence of Mary's commissioners; at which time she ought to have
canvassed it," says our author, "if she knew her innocence.
"That it was not a judicial confession, is evident: the paper itself
does not bear any such mark; nor does it mention, that it was taken in
presence of any person, or by any authority whatsoever; and, by
comparing it with the judicial examinations of Dalgleish, Hay, and
Hepburn, it is apparent, that it is destitute of every formality,
requisite in a judicial evidence.
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