DURING THE POPISH PLOT.

The recent Irish State Trials seem to have been conducted on the part of

the government with something of the same violence and partiality that

dishonor the ancient records of Great Britain's criminal jurisprudence.

The exclusion of Roman Catholics from the jury was an arbitrary and

unwarrantable act; unjust in itself, disrespectful to the larger portion

of the Irish people, and calculated to destroy the moral effect of the

verdict, by producing the impression on the public mind that the prisoners

did not have a fair trial. We would not be understood as complaining of

the verdict. We do not see how, with a strict adherence to the law and to

the evidence, the jury could well have decided otherwise. It is the

eagerness to convict the prisoners manifested on the part of the

law-officers of the crown that is the object of just reprehension.

Trials for offences against the State have happily been almost unknown in

this country, and we therefore find it difficult to conceive of the

dangers to which a prisoner is exposed, when the whole power of the

government is arrayed against him. But to one familiar with the iniquitous

manner in which they were conducted in Great Britain during the

seventeenth, and the earlier part of the eighteenth century, the

proceedings against O'Connell and his associates seem almost models of

judicial fairness and impartiality. To one not thus familiar, it is

difficult to convey an adequate idea of the extent to which legal

tribunals prostituted their functions to purposes of oppression and

revenge. The judges holding their offices by the slight tenure of royal

favor, and generally owing their elevation to the zeal they had shown to

defend the royal prerogatives, were, with a few honorable exceptions,

willing instruments in the hands of power. The interpreters of the law,

who, like the prophets of old, were bound to curse, or to bless, in

obedience to higher impulses than their own wills, became the mere

mouth-pieces of the government; the injustice of the decisions imperfectly

concealed by the sanctity of the office. Justice, and the favor of the

court were identical. The law and the royal pleasure were inseparably

associated in the mind of the judge.

We would not be understood as meaning that the English judges were unjust,

or partial in the trials between private citizens. In these cases it was

not often that there was any obstacle interposed to the administration of

even-handed justice. It was when the government came in as a party; when

political offenders were to be tried, that they too often proved false to

their trust. The temptations of office; the love of ease, wealth, and

distinction; the fear of ministerial enmity, of royal disgrace, were too

powerful for poor Honesty. The hour in which their aid was most needed by

the friendless prisoner, was that in which it was withdrawn; for surely if

men ever need an upright, able, and impartial administration of the law,

it is when they contend single-handed against the influences of flattery,

bribery, and intimidation, which those in authority are ever able to

employ. The odds are fearful in such a contest. The prejudices of juries,

the subservience of lawyers, the servility of judges, gave scarce a hope

that justice would not be wrested to serve the purposes of the crown; that

considerations of state policy would not prove stronger than any abstract

belief of the prisoner's innocence or guilt. That we have not

misrepresented the degraded condition of the English tribunals during the

period we have mentioned, a referencé to the state trials _passim_, will

abundantly prove. Nor is it at all strange that such should have been the

case. During the dynasty of the Tudors, and the reign of the first of the

Stuarts, the duty alike of the courts, and of parliament was simply to

register the royal edicts. If the formalities of law were observed, it was

rather through the good-nature of the sovereign, than from any

consciousness of his inability to break through their restraints. But

after the rebellion, and especially after the revolution, when the limits

of prerogative became marked out with some degree of precision, and

monarchs could no longer effect their purposes by open violence, then more

subtle means were resorted to, but scarcely less dangerous, to destroy

those who were so unfortunate as to become the objects of royal or

ministerial enmity. The king, if he could not make the law, could still

appoint the judges of the law; and the right of interpretation was hardly

less powerful than the power of legislation. Even when, after a lapse of

time, the judges became in a great measure independent of the crown, still

it was not until many years later, when the voice of an outraged people

became more terrible to them than the frowns of kings or ministers, that

those accused of political offence could hope for justice at their hands.

The reign of Charles the Second, in every respect the most disgraceful in

English history, is that period to which we wish now particularly to ask

the reader's attention. During the latter part of it, the chief justice's

seat was filled first by Scroggs, and afterwards by Jeffries; the former

came to the bench a little before the disclosures that took place

respecting the Popish Plot, and presided at the trials that took place in

consequence of that event. It is to these trials that we shall now confine

ourselves; only premising certain facts necessary to the perfect

understanding of the extracts which we are about to make.

It is unnecessary to go minutely into the details of the Popish Plot. A

general outline will answer our present purpose. The first who pretended

any knowledge of it, or made any disclosure respecting it, was Titus

Oates. He, when examined before the council in October, 1678, stated that

at a consult held by the Jesuits on the 24th of April preceding, at the

White Horse Tavern in London, resolutions had been adopted to kill the

king, overthrow the established church, and restore popery. Upon this many

arrests were made, and among others was Coleman, who had been secretary to

the late Duchess of York. His papers were seized, and there was found a

correspondence he had carried on several years before with the confessor

of Louis XIV., having reference mainly to the restoration of the Catholic

religion in England. These letters, although in no way confirmatory of the

alleged Plot, except so far as they indicated an anxious desire on the

part of the members of that church to regain their lost ascendency in

Great Britain, and their intention to use every effort for that purpose,

things already well known, yet produced great excitement, and were

regarded by many as conclusive proof of the truth of Oates' statements.

Another event, which happened about the same time, raised the excitement

to its highest pitch. Sir Edmundbury Godfrey, a London magistrate, before

whom Oates had made his depositions, was found murdered, and under such

circumstances as precluded the idea of suicide. Suspicion now deepened

into certainty. No one longer dared to doubt the reality of the plot. To

doubt, was to confess one's self an accomplice. Nothing was talked of but

the Plot. The wildest rumors were caught up and repeated, and soon grew

into well-authenticated facts. The name Papist, or Roman Catholic, became

synonymous with assassin. Many, not content with carrying arms, clothed

themselves in armor. At the funeral of Sir Edmondbury Godfrey, says North,

in his Examen, 'the crowd was prodigious, both at the procession, and in

and about the church, and so heated, that any thing called Papist, were it

a cat or a dog, had probably gone to pieces in a moment. The Catholics all

kept close in their houses and lodgings, thinking it a good compensation

to be safe there, so far were they from acting violently at that time. But

there was all that which upheld among the common people an artificial

fright, so that every one almost fancied a popish knife just at his

throat; and at the sermon, beside the preacher, two thumping divines stood

upright in the pulpit, to guard him from being killed while he was

preaching, by the Papists.'

Oates immediately became a man of great consequence. He was called the

saviour of the nation, had lodgings given him at Whitehall, and a pension

from parliament of £1200 a year. But the more cool and circumspect could

not forget the notorious infamy of his character, or implicitly rely on

the word of a man who openly confessed that he had gone among the Jesuits,

and declared himself a convert to their faith merely to betray them. But

with the populace his credit was unbounded. The more incredible his

fictions, the better they suited the vulgar appetite. In this sort of

narrative, as Hume truly remarks, a fool was more likely to succeed than a

wise man. Accompanied by his guards, for being supposed to be a special

object of popish enmity, guards had been assigned him, he walked about in

great dignity, attired as a priest, and 'whoever he pointed at was taken

up and committed; so that many people got out of his way as from a blast,

and glad they could prove their two last years' conversation. The very

breath of him was pestilential, and if it brought not imprisonment or

death over such on whom it fell, it surely poisoned reputation, and left

good Protestants arrant papists, and something worse than that, in danger

of being put in the plot as traitors.'[1]

[1] North's 'Examen.'

Parliament was opened three days after Godfrey's murder, and immediately

voted that it was of opinion that there had been, and was 'a damnable and

hellish plot;' and every day, both forenoon and afternoon, a session was

held at which the whole matter was discussed. The arrests were numerous,

and among others were several papist lords, and Sir George Wakeman, the

physician to the queen. Even the Duke of York and the Queen herself were

accused by Oates as traitors and accomplices. These stories meeting such

general credence, and rewards being heaped upon the author, others, as

might have been expected, soon followed his example. The most notorious of

these minor perjurers was one Bedlow, who pretended to know the secret of

Godfrey's murder. When first examined he knew nothing of the Plot, but

told a ridiculous story about forty thousand men who were coming over to

England from Spain. The next day, however, his knowledge was greatly

increased, and he pretended to be as fully informed of all the particulars

of the Plot as Oates himself. As we shall see by and by, whatever the

bolder villain swore to, his subordinate confirmed.

Such was the state of things when the first victim of this extraordinary

popular delusion were brought to trial. The earliest trial, although the

accused was not charged with being concerned in the plot, was that of

Stayley, a goldsmith or broker, on the 21st of November, 1678. The charge

against him was that he had called the king a heretic, and threatened to

kill him. The chief witness against him was one Castars. Bishop Burnet,

who was well acquainted with him, says, that when he heard who the

witnesses were, he thought he was bound to do what he could to stop it:

'so I sent both to the lord chancellor and the attorney general to let

them know what profligate wretches these witnesses were. Jones, the

attorney general, took it ill of me that I should disparage the king's

evidence. Duke Lauderdale, having heard how I had moved in this matter,

railed at me with open mouth. He said I had studied to save Stayley for

the liking I had to any one that would murder the king.' The trial

proceeded, and one of the witnesses testified to the following words as

spoken by the prisoner: 'The King of England is the greatest heretic, and

the greatest rogue in the world; here's the heart and here's the hand that

would kill him; I myself.'

PRISONER. 'Here's the hand, and here's the heart that would kill myself;

not would kill him myself.'

L. C. J. 'What Jesuit taught you this trick? It is like one of them. It is

the art and interest of a Jesuit so to do.'

In this, as in all the subsequent trials, the existence of the Plot was

taken for granted as an incontestable fact. Another fact was also assumed,

most improperly indeed, but not without some show of reason, that it was

an admitted doctrine of the Romish church, that however sinful an act

might be in itself, it lost its sinfulness if the interests of the church

demanded its performance. Therefore it was argued, to kill a heretic-king,

to swear falsely, to deceive an enemy, is to do nothing wrong in the eyes

of a Papist, if the pope or the bishops command it. Such a man it is

proper for us to regard as an enemy, for his principles would lead him to

employ any means for the destruction of those whom he was taught to regard

as the enemies of his church.

It is unnecessary for us to stop to point out the fallacy of this mode of

reasoning. Our business at present is only to show the effect it had upon

the minds both of the court and the jury. Thus the Chief Justice reasoned

in his charge at the trial: 'You, and we all, are sensible of the great

difficulties and hazards that is now both against the king's person, and

against all Protestants, and our religion too; which will hardly maintain

itself, when they have destroyed the men; but let 'em know that many

thousands will lose their religion with their lives, for we will not be

Papists, let the Jesuits press what they will, (who are the foundations of

all this mischief,) in making proselytes by telling them, Do what

wickedness you will, it's no sin, but we can save you; and if you omit

what we command, we can damn you. Excuse if I am a little warm, when

perils are so many, their murders so secret, that we cannot discover the

murder of that gentleman whom we all knew so well, when things are

transacted so closely, and our king in so great danger, and our religion

at stake. 'Tis better to be warm here than in Smithfield. When a Papist

once hath made a man a heretic, there is no scruple to murder him. Whoever

is not of their persuasion are heretics, and whoever are heretics may be

murdered if the pope commands it; for which they may become saints in

heaven; this is that they have practised. If there had been nothing of

this in this kingdom, or other parts of the world, it would be a hard

thing to impose it upon them; but they ought not to complain when so many

instances are against them. Therefore discharge your consciences as you

ought to do; if guilty, let him take the reward of his crime, and you

shall do well to begin with this man, for perchance it may be a terror to

the rest. Unless they think they can be saved by dying in the Roman faith,

though with such pernicious and traitorous words and designs as these are,

let such go to Heaven by themselves. I hope I shall never go to that

Heaven, where men are made saints for killing kings.'

The flimsy logic and cool-blooded cruelty of this charge are too obvious

to require mention. According to the chief justice, no Papist could

complain that he was hanged for treason because some members of his church

had massacred the Protestants on Bartholomew's day. The recommendation 'to

begin with this man, that it may be a terror to the rest,' marks well the

character of the judge, and the temper of the jury that could advance or

approve such a detestable doctrine.

Stayley was convicted and thus sentenced: 'You shall return to prison,

from thence shall be drawn to the place of execution, where you shall be

hanged by the neck, cut down alive, your quarters shall be severed, and be

disposed of as the king shall think fit, and your bowels burnt, and so the

Lord have mercy on your soul.'

This sentence was executed five days after.

The next victim was Coleman. The evidence against him was of a twofold

nature; his own letters, and the testimony of Oates and Bedlow. As to the

first, they disclose clearly enough the existence of a Plot, but a Plot in

which Charles himself was the chief conspirator; a Plot not only to

restore popery, but to destroy English liberty. This Plot was of an early

date, and began indeed almost at the restoration of the king. The monarch

of France and the Duke of York were his accomplices. Coleman's part in it

seems to have been merely that of an ambitious, intriguing, bigotted

partizan, pleased with being entrusted with the secrets of the great; and

much disposed to magnify the importance and value of his services. His

letters, that were produced on his trial, related to the years 1674 and

'5. If there was any correspondence of a later date, it was never

discovered. In fine, we may say of these letters that if there was enough

in them to convict Coleman of high treason, the king, the duke, and

several of the most prominent statesmen of that period were equally

guilty.

The testimony of Oates was so strange and improbable, that it never could

have obtained credence for a moment, except at a time when men had 'lost

their reason.' The basis of his whole narration, was his statement

relating to the consult of the Jesuits in April, which we give in his own

words. 'They were ordered to meet by virtue of a brief from Rome, sent by

the father general of the society. They went on to these resolves: That

Pickering and Grove should go on, and continue in attempting to

assassinate the king's person by shooting, or other means. Grove was to

have fifteen hundred pounds. Pickering being a religious man, was to have

thirty thousand masses, which at twelvepence a mass amounted to much that

money. This resolve of the Jesuits was communicated to Mr. Coleman in my

hearing at Wild House. My lord, this was not only so, but in several

letters he did mention it, and in one letter, (I think I was gone a few

miles out of London,) he sent to me by a messenger, and did desire the

duke might be trepaned into this Plot to murder the king.'

But one consult of fifty Jesuits, all eager to carry their diabolical

plans of assassination and murder into execution, was not enough for Dr.

Oates, and he went on to relate the proceedings that took place at

another, held at the Savoy in the month of August, when the Benedictine

monks were present with the Jesuits. 'In this letter,' (one written by

Archbishop Talbot, the titular archbishop of Dublin,) 'there were four

Jesuits had contrived to despatch the Duke of Ormond. (These were his

words.) To find the most expedient way for his death Fogarthy was to be

sent to do it by poison, if these four good fathers did not hit of their

design. My lord, Fogarthy was present. And when the consult was almost at

a period, Mr. Coleman came to the Savoy to the consult, and was mighty

forward to have father Fogarthy sent to Ireland to despatch the duke by

poison. This letter did specify they were then ready to rise in rebellion

against the king for the pope.'

The Knickerbocker, or New-York Monthly Magazine, May 1844 Volume 23, Number 5 · 第 23 / 56 题