Part 5

II. For the prevention whereof, and for the more speedy relief of all persons imprisoned for any such criminal or supposed criminal matters, Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present Parliament assembled, and by the authority thereof, that whensoever any person or persons shall bring any _Habeas Corpus_ directed unto any sheriff or sheriffs, gaoler, minister, or other person whatsoever, for any person in his or their custody, and the said writ shall be served upon the said officer, or left at the gaol or prison, with any of the officers, ... then the said officers ... shall within three days after the service thereof as aforesaid (unless the commitment aforesaid were for treason or felony, plainly or specially expressed in the warrant of commitment) upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the judge or court that awarded the same, and indorsed upon the said writ, not exceeding twelvepence per mile, and upon security given by his own bond to pay the charges of carrying back the prisoner, if he shall be remanded by the court or judge to which he shall be brought according to the true intent of his present act, and that he will not make any escape by the way, make return of such writ; and bring or cause to be brought, the body of the person so committed or restrained, unto or before the Lord Chancellor, or Lord Keeper of the Great Seal of England for the time being, or the judges or barons of the said court from whence the said writ shall issue, or unto or before such other person or persons before whom the said writ is made returnable according to the command thereof; and shall then likewise certify the true causes of his detainer or imprisonment, unless the commitment of the said party be in any place beyond the distance of twenty miles from the place or places where such court or person is, or shall be, residing: and if beyond the distance of twenty miles, and not above one hundred miles, then within the space of ten days; and if beyond the distance of one hundred miles, then within the space of twenty days, after such delivery and not longer.

III. And to the intent that no sheriff, gaoler, or other officer, may pretend ignorance of the import of any such writ, Be it enacted ... that all such writs shall be marked in this manner, _per statutum tricesimo primo Caroli secundi regis_, and shall be signed by the person that awards the same; and if any person or persons shall be or stand committed or detained as aforesaid, for any crime (except for felony or treason plainly expressed in the warrant of commitment), in the vacation time, and out of term, it shall ... be lawful ... for the person or persons so committed ... or any one on his or their behalf to appeal or complain to the Lord Chancellor, or Lord Keeper, or any one of his Majesty's justices, either of the one bench or of the other, or the barons of the Exchequer of the degree of the coif and the said Lord Chancellor, Lord Keeper, justices, or barons, or any of them ... are hereby ... required, upon request made in writing by such person or persons, or any or his, her or their behalf, attested and subscribed by two witnesses who were present at the delivery of the same, to ... grant a _Habeas Corpus_ ... to be directed to the officer ... in whose custody the party ... detained shall be; returnable immediate before the said Lord Chancellor, Lord Keeper [&c.].

And upon service thereof ..., the officer ... in whose custody the party is so ... detained, shall, within the times respectively before limited, bring such prisoner or prisoners before the said Lord Chancellor, or Lord Keeper, or such justices and barons, or one of them ... with ... the true cause of the commitment or detainer. And thereupon, within two days after the party shall be brought before them, the said Lord Chancellor, Lord Keeper [&c.] ... shall discharge the said prisoner from his imprisonment, taking his or their recognizance, with one or more surety or sureties, in any sum according to their discretions, having regard to the quality of the prisoner and nature of the offence, for his or their appearance in the Court of King's Bench the term following, or at the next assizes, sessions, or general gaol-delivery of and for such county, city, or place where the commitment was, or where the offence was committed ... unless it shall appear to the said Lord Chancellor, or Lord Keeper [&c.] ... that the party is detained upon a legal process, order, or warrant, out of some court that hath jurisdiction of criminal matters, or by some warrant signed and sealed with the hand and seal of any of the said justices or barons, or some justices or justices of the peace, for such matters or offences for the which by the law the prisoner is not bailable.

V. And ... if any officer ... shall neglect or refuse ... to bring the body ... of the prisoner according to the command of the said writ, within the respective times aforesaid, or upon demand made by the prisoner or person in his behalf, shall refuse to deliver ... a true copy of the warrant ... of commitment ... of such prisoner, ... such person ... shall for the first offence forfeit to the prisoner ... the sum of one hundred pounds, and for the second offence the sum of two hundred pounds, and shall ... be made incapable to hold or execute his said office.

VI. And ... no person or persons which shall be delivered or set at large upon any _Habeas Corpus_ shall at any time hereafter be again imprisoned or committed for the same offence ... other than by the legal order and process of such court wherein he or they shall be bound by recognizance to appear, or other court having jurisdiction of the cause. And if any other person or persons shall knowingly, contrary to this Act, recommit or imprison, for the same offence ... any person or persons delivered or set at large as aforesaid, ... then he or they shall forfeit to the prisoner ... the sum of five hundred pounds.

VII. Provided always ... That if any person or persons shall be committed for high treason or felony, plainly and specially expressed in the warrant of commitment, upon his ... petition in open court the first week of term, or the first day of the sessions of _Oyer and Terminer_,[10] or general gaol-delivery, to be brought to his trial, shall not be indicted some time in the next term, sessions of _Oyer and Terminer_, or general gaol-delivery, after such commitment; it shall be lawful to and for the judges of the Court of King's Bench, and justices of _Oyer and Terminer_, or general gaol-delivery ... to set at liberty the prisoner upon bail, unless it appear to the judges and justices ... that the witnesses for the King could not be produced.... And if such person ... shall not be indicted and tried the second term, sessions of _Oyer and Terminer_, or general gaol-delivery, after his commitment, or upon his trial shall be acquitted, he shall be discharged from his imprisonment.

VIII. Provided always That nothing in this act shall extend to discharge out of prison any person charged in debt, or other action, or with process in any civil cause, but that after he shall be discharged of his imprisonment for such his criminal offence, he shall be kept in custody according to the law, for such other suit.

X. Provided always ... That it shall and may be lawful to and for any prisoner or prisoners as aforesaid to move and obtain his or their _Habeas Corpus_ as well out of the high court of chancery or court of exchequer, as out of the courts of king's bench or common pleas, or either of them; and if the said Lord Chancellor, or Lord Keeper, or any judge ... of any of the courts aforesaid, in the vacation time, upon view of the copy or copies of the warrant or warrants of commitment or detainer, or upon oath made that such copy or copies were denied as aforesaid, shall deny any writ of _Habeas Corpus_ by this act required to be granted, being moved for as aforesaid, they shall severally forfeit to the prisoner or party grieved the sum of five hundred pounds.

XI. And be it ... enacted ... That an _Habeas Corpus_ ... may be directed and run into any county palatine, the cinque ports, or other privileged places within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, and the islands of Jersey or Guernsey, any law or usage to the contrary notwithstanding.

XII. And for preventing illegal imprisonments ... beyond the seas, be it ... enacted ... That no subject of this realm that now is, or hereafter shall be an inhabitant or resident of this kingdom ... shall or may be sent prisoner into Scotland, Ireland, Jersey, Guernsey, Tangier, or into parts, garrisons, islands, or places beyond the sea; and That every such imprisonment is hereby ... adjudged to be illegal.

[10] A judicial commission to hear and determine cases of treason, felony, and misdemeanours.

THE POPISH TERROR (1678-1681).

+Source.+--Burnet's _History of His Own Times_. Pp. 156-164. Abridged edition, 1841.

On Michaelmas-eve Oates was brought before the Council, and entertained them with a long relation of many discourses he had heard among the Jesuits, and of their design to kill the King. He named persons, places, and times, almost without number. He said many Jesuits had disguised themselves, and were gone into Scotland, and held field conventicles there to distract the Government; that he was sent to St. Omer's, thence to Paris, and from thence to Spain; that there was a great meeting at St. Clement's; and that the result of their consultation was a resolution to kill the King by shooting, stabbing or poisoning him, and that Coleman was privy to the whole design. This was the substance of what he declared the first day; whereupon many Jesuits were seized that night and next day, and their papers sealed up.

There were many things in this declaration that made it look like an imposture. Oates did not know Coleman at first, but when he heard him speak in his own defence, he named him; he named Wakeman, the Queen's physician, though he did not know him at all; Langhorne who was the great manager for the Jesuits, he did not name; and when the King asked him what sort of man Don John (with whom he pretended to be intimate) was, he answered he was a tall, lean man, when the King knew him to be the very reverse. These were strong indications of a forgery. But what took away that suspicion was the contents of Coleman's letters, since by them it appeared that so many years ago the design of converting the nation and rooting out the northern heresy, as they called it, was so near its execution, since in them the Duke's great zeal was often mentioned with honour and many indecent reflections made on the King for his inconstancy and disposition to be brought to anything for money: and since by them their dependence was expressed to lie in the French King's assistance, and his expeditious conclusion of a general peace, as the only means that could finish their design.

A few days after this, a very extraordinary thing happened, that contributed more and more to confirm the belief of this evidence. Sir Edmund Berry Godfrey was an eminent justice of peace who lived near Whitehall. He had stayed in London and had kept things in order in the time of the plague, which gained him great reputation and for which he was afterwards knighted. A zealous Protestant he was, and a true lover of the Church of England, but had kind thoughts of the nonconformists, was not forward to execute the laws against them, and to avoid doing that, was not apt to search for priests or mass-houses, so that few men of the like zeal lived on better terms with the Papists than he. Oates went to him the day before he appeared at the Council-board, and declared upon oath the narrative he intended to make, which Godfrey afterwards published a little imprudently, and was thereupon severely chid for seeming to distrust the Privy Council, and presuming to intermeddle in so tender a matter.

On Saturday, October 12th, he went abroad in the morning, was seen about one o'clock near St. Clement's Church, but was seen no more till his body was found, on the Thursday night following, in a ditch about a mile out of town near St. Pancras Church. His sword was thrust through him, but no blood was on his clothes or about him; his shoes were clean, his money was in his pocket; a mark was all round his neck, which showed he was strangled; his breast was bruised; his neck was broken, and there were many drops of white wax-lights on his breeches, which being only used by priests and persons of quality, made people imagine in whose hands he had been.

Oates's evidence was, by means of this murder, so far believed that it was not safe to seem to doubt of it; and when the Parliament met, he was called before the bar of the House of Commons, where he made a fresh discovery. He said that the Pope had declared England to be his kingdom, and accordingly had sent over commissions to make Lord Arundel of Wardour, Chancellor; Lord Powys, Treasurer; Sir William Godolphin, then in Spain, Privy Seal; Coleman, Secretary of State; Belasyse, General of the Army; Petre, Lieutenant-General; Ratcliffe, Major-General; Stafford, Paymaster-General; and Langhorne, Advocate-General; besides many other commissions for subaltern officers. And he now swore, upon his own knowledge, that both Coleman and Wakeman were in the plot; that Coleman had given eighty guineas to four ruffians to murder the King at Windsor; and that Wakeman had undertaken to poison him for £15,000; and he excused his not knowing them before by the fatigue and want of rest he had been under for two nights before, which made him not master of himself.

There were great inconsistencies in all this. That one man should not know another that was a principal in a plot wherein he himself was concerned; that one man should have £15,000 for a safe way of dispatching, and four but twenty guineas apiece for doing it openly; that he should love the King so well as he then pretended, and yet suffer these ruffians to go down to kill him, without giving notice of the danger--these and some other incongruities in the pretended commissions (for Belasyse was perpetually gouty, Petre was no military man, and Ratcliffe lived chiefly in the north), were characters sufficient of a fictitious discovery, had not some other incidents concurred to give it a further confirmation.

Bedloe, a man of a very vicious life, delivered himself to the magistrates of Bristol, pretending he knew the secret of Godfrey's murder, and accordingly was brought to London and examined by the Secretary. He said he had seen Godfrey's body at Somerset House, and was offered by Lord Belasyse's servant £4,000 to assist in carrying it away, whereupon he had gone out of town as far as Bristol, but was so pursued with horror that he could not forbear discovering it, but at the same time denied that he knew anything of the plot, till, on the next day, when he was brought to the bar of the House of Lords, he made a full discovery of it, confirming the chief points of Oates's evidence.

While things were in this ferment at London, Carstairs came from Scotland to complain of Duke Lauderdale. He had brought up such witnesses as he always had by him to prove the thing,[11] and as he was looking about for a lucky piece of villainy, he chanced to go into an eating-house in Covent Garden, where one Staley, a Popish banker, was in the next room, and pretended that he heard him say in French that the King was a rogue, and persecuted the people of God, and that he himself would stab him if nobody else would. With these words he and one of his witnesses went to him next day, and threatened to swear them against him unless he would give them a sum of money. The poor man foresaw his danger, but he chose rather to leave himself to their malice than become their prey; so he was apprehended, and in five days brought to his trial. The witnesses gave full evidence against him to the purpose above mentioned, nor could he offer anything to invalidate their credit. All that he urged was, the improbability of his saying such dangerous words in a quarter of the town where almost everybody understood French; so he was cast, and prepared himself seriously for death, all along protesting that he knew of no plot, nor had ever said the words sworn against him, nor anything to that purpose.

There was one accident now fell in that tended not a little to impair Oates's credit. He had declared before the House of Lords that he had then informed concerning all persons of any distinction that he knew to be engaged in the plot, and yet after that he deposed that the Queen had a great share in it, and was, in his hearing, consenting to the King's death. But his pretence for not accusing her before was so lame and frivolous that it would not satisfy people, though Bedloe, to support his evidence, swore things of the like nature.

When Coleman was brought to his trial, Oates and Bedloe swore flatly against him what was mentioned before; and he, to invalidate their evidence, insisted on Oates's not knowing him when they were confronted; on his being in Warwickshire at the same time that Oates swore he was in town; and on the improbability of his transacting such dangerous matters with two such men as he had never seen before. His letters to Père la Chaise were the heaviest part of the evidence, and to these he did not deny but that he had intentions to bring in the Catholic religion, but only by a toleration, not by rebellion or blood, and that the aid he had requested from France for that purpose was meant only of the advance of some money and the interposition of that Court. After a long trial he was found guilty and sentence passed upon him to die as a traitor. He suffered with much composedness and devotion, and died much better than he lived, denying with his last breath every tittle of what the witnesses had sworn against him, though many were sent from both Houses, offering to interpose for his pardon if he would confess.

The nation was now so much alarmed that all people were furnishing themselves with arms, and a bill passed both Houses for raising the militia, and for keeping it together for six weeks, but the King rejected it, though he gave his consent to the disbanding the army; wherein the Commons were so diffident of him that they ordered the money to be brought, not into the Exchequer, but into the Chamber of London, and appointed a committee of their own members for paying it off and disbanding it.

The courts of justice in the meanwhile were not idle, for in December, Ireland the Jesuit, and Grove and Pickering, two servants in the Queen's Chapel, were brought to their trial. Oates and Bedloe swore home against Ireland that in August last he had given particular orders for killing the King; but he, in his defence, by many witnesses endeavoured to prove that on the 2nd of August he went into Staffordshire, and did not return till the 12th of September. Yet, in opposition to that a woman swore that she saw him in London about the middle of August; and so, because he might have come up post in one day and gone down in another, this did not satisfy. Against Grove and Pickering they swore that they undertook to kill the King at Windsor; that Grove was to have £1,500 for doing it, and Pickering thirty thousand masses, which at twelvepence a mass, amounts to the same money; that they attempted it three several times, but that once the flint was loose, at another time there was no powder in the pan, and at a third the pistol was only charged with bullets. This was strange stuff, but all was imputed to a Divine Providence. So the evidences were credited, and the prisoners condemned and executed, but they denied to the last every particular that was sworn against them.

This began to shake the credit of the evidence, when a more composed and credible person came in to support it. One Dugdale, who had been bailiff to Lord Aston, and lived in a fair reputation in the country, when he was put in prison for refusing to take the oaths of allegiance and supremacy, denied absolutely that he knew anything of the plot, but made afterwards great discoveries. He said that the Jesuits in London had acquainted Evers, Lord Aston's Jesuit, with the design of killing the King, and desired him to find out proper men to execute it; that Evers and Gavan, another Jesuit, had pressed him to undertake it; that they had promised to canonise him for it, and Lord Aston offered him £500 if he would set about it. And one instance to confirm the truth of what he asserted was his speaking in a public company (as several testified) of Godfrey's death, the Tuesday after he was missing, which he swore he saw in a letter written by Harcourt to Evers, which letter must have been sent on the very night that Godfrey was killed.

At the same time, a particular discovery was made of Godfrey's murder. Prance, a goldsmith that wrought for the Queen's Chapel, was seized upon suspicion; and as Bedloe was accidentally going by, knowing nothing of the matter, was challenged by him to be one of those whom he saw about Godfrey's body. Prance denied everything at first, but made afterwards this confession; that Gerald and Kelly, two priests, engaged him and three others in this wicked deed--Green, who belonged to the Queen's Chapel; Hill, who had served Godden, one of their famous writers; and Berry, the Porter of Somerset House; that they had several meetings wherein the priests persuaded them that it was a meritorious action to dispatch Godfrey, in order to deter others from being so busy against them; that the morning before they killed him Hill went to his house to see if he was yet gone out, and spoke to his maid; that they waited his coming out, and dogged him all day, till he came to a place near St. Clement's, where he stayed till night; that as Godfrey passed by Somerset House water-gate two of them pretending to quarrel, another ran out to call a justice, and with much importunity prevailed with him to come and pacify them; that as he was coming along Green got behind him and threw a twisted cravat about his neck, and so pulled him down and strangled him; and that Gerald would have run his sword through him, but was hindered by the rest lest the blood might discover them; that when the murder was done, they carried the body into Godden's room (for he was in France) and Hill had the key of it; that two days after they removed it into a room across the upper court, but that being thought not so convenient, they carried it back to Godden's lodging; that on Wednesday night they carried it out in a sedan, and when they had got clear of the town Green carried it on horseback to the place where it was found.