Part 6

This was a consistent story, which was supported in some circumstances by collateral proofs; and yet when he came before the King and Council he denied all he had sworn, and said it was a mere fiction; but when he was carried back to prison, he said all was true again, and that the horror and confusion he was in made him deny it. Thus he continued saying and unsaying for several times; but at last he persisted in his first attestation, and by this and what Bedloe brought in evidence against them, Green, Hill, and Berry were found guilty and condemned. Green and Hill died, as they had lived, Papists, and with solemn protestations denied the whole thing; but Berry declared himself a Protestant, though he had personated a Papist for bread, for which dissimulation he thought this judgment had befallen him. But he denied what was charged against him, and to the last minute declared himself altogether innocent; and his dying a Protestant and yet denying all that was sworn against him, was a triumph to the Papists, and gave them an opportunity to say that it was not the doctrine of equivocation, nor the power of absolution, but merely the force of conviction that made those of their religion do the same.

The Lord Chief Justice at this time was Sir William Scroggs, a man more valued for a good readiness in speaking well than either learning in his profession or any moral virtue. His life had been indecently scandalous, and his fortune very low; and it was a melancholy thing to see so bad, so ignorant and so poor a man raised up to that high post. Yet now, seeing how the stream ran, he went into it with so much zeal and heartiness that he became the people's favourite and strove in all trials even with an indecent earnestness to get the prisoners convicted.

But their resolute manner of dying and protestations of innocence to the last began to make impression on people's minds, and impair the credit both of the judge and witnesses, till one Jennison, the younger brother of a Jesuit, and a gentleman of family and estate, but now turned Protestant, came in, as it were, to their relief; for in contradiction to what Ireland died affirming, _i.e._ that he was in Staffordshire at the time that Oates swore he was in London, he wrote a letter to a friend attesting that he was in company with Ireland on the 19th of August, and had much familiar talk with him, so that his dying affirmations were false. The letter was printed, and this use was made of it to vacate the truth of those denials wherewith so many ended their lives. But what afterwards destroyed the credit of the letter was the solemn protestation that the author made, as he desired forgiveness of his sins and hoped for the salvation of his soul, that he knew nothing of the plot; and yet the summer after he published a long narrative, wherein he said that himself was invited to assist in the murder of the King, and named the four ruffians who went to Windsor to do it.

While the witnesses were thus weakening their own credit, some practices were discovered that did very much support it. Reading, a lawyer of some subtlety, but no virtue, who was employed by the lords in the Tower to solicit their affairs, had offered Bedloe some money of his own accord (as it afterwards appeared) to mollify his evidence against the lords, and had drawn up a paper to show him by how small a variation in his depositions he might bring them off. But Bedloe was too cunning for him. He had acquainted Prince Rupert and the Earl of Essex with the whole negotiation, and placed two witnesses in his room, when he drew Reading into a renewal of the proposal so commodiously that the attempt of corruption was plainly proved upon him, and he was set in the pillory for it. Some that belonged to the Earl of Danby conversed much with Oates's servants, who told him that their master was daily speaking odious things against the King; and one of them affirmed that he had once made an abominable attempt upon him. But when Oates smelt this out, he soon turned the tables upon them; for he prevailed with his servants to deny all, and had the others set in the pillory as defamers of the King's evidence. And to bring things of the same sort all together, one Tashborough, who belonged to the Duke's Court, proposed to Dugdale, in the Duke's name, but without his authority, that he should sign a retraction of what he had sworn, and go beyond seas, and have a considerable reward for so doing. But the other outwitted him likewise, and proving such practices upon him, had him both fined and set in the pillory.

[11] _I.e._, his case against Lauderdale.

STAFFORD'S TRIAL (1680).

+Source.+--Evelyn's _Diary_. Vol. ii., pp. 158-163. Bohn edition.

_November 30._ The signal day begun the trial (at which I was present) of my Lord Vicount Stafford, for conspiring the death of the King; second son to my Lord Thomas Howard Earl of Arundel and Surrey, Earl Marshall of England, and grandfather to the present Duke of Norfolk, whom I so well knew, and from which excellent person I received so many favours. It was likewise his birthday. The trial was in Westminster-Hall, before the King, Lords, and Commons; just in the same manner as, forty years past, the great and wise Earl of Strafford (there being but one letter differing their names) received his trial for pretended ill government in Ireland, in the very same place, this Lord Stafford's father being then High-Steward. The place of sitting was now exalted some considerable height from the paved floor of the Hall, with a stage of boards. The throne, woolpacks for the Judges, long forms for the Peers, chair for the Lord Steward, exactly ranged, as in the House of Lords. The sides on both hands scaffolded to the very roof for the members of the House of Commons. At the upper end, and on the right side of the King's state, was a box for his Majesty, and on the left, others for the great ladies, and over head a gallery for ambassadors and public ministers. At the lower end, or entrance, was a bar, and place for the prisoner, the Lieutenant of the Tower of London, the axe-bearer and guards, my Lord Stafford's two daughters, the Marchioness of Winchester being one; there was likewise a box for my Lord to retire into. At the right hand, in another box, somewhat higher, stood the witnesses; at the left, the managers, in the name of the Commons of England, namely, Serjeant Maynard (the great lawyer, the same who prosecuted the cause against the Earl of Strafford forty years before, being now near eighty years of age), Sir William Jones, late Attorney-General, Sir Francis Winnington, a famous pleader, and Mr. Treby, now Recorder of London, not appearing in their gowns as lawyers, but in their cloaks and swords, as representing the Commons of England: to these were joined Mr. Hampden, Dr. Sacheverell, Mr. Poule, Colonel Titus, Sir Thomas Lee, all gentlemen of quality, and noted parliamentary men. The two first days, in which were read the commission and impeachment, were but a tedious entrance into matter of fact, at which I was but little present. But, on Thursday, I was commodiously seated amongst the Commons, when the witnesses were sworn and examined. The principal witnesses were Mr. Oates (who called himself Dr.), Mr. Dugdale, and Turberville. Oates swore that he delivered a commission to Viscount Stafford from the Pope, to be Paymaster-General to an army intended to be raised;--Dugdale [swore] that being at Lord Aston's, the prisoner dealt with him plainly to murder his Majesty; and Turberville, that at Paris he also proposed the same to him.

_3rd December._ The depositions of my Lord's witnesses were taken, to invalidate the King's witnesses; they were very slight persons, but, being fifteen or sixteen, they took up all that day, and in truth they rather did my Lord injury than service.

_4th._ Came other witnesses of the Commons to corroborate the King's, some being Peers, some Commons, with others of good quality, who took off all the former day's objections, and set the King's witnesses _recti in Curiâ_.

_6th._ Sir William Jones summoned up the evidence; to him succeeded all the rest of the managers, and then Mr. Henry Poule made a vehement oration. After this my Lord, as on all occasions, and often during the trial, spoke in his own defence, denying the charge altogether, and that he had never seen Oates, or Turberville, at the time and manner affirmed; in truth, their testimony did little weigh with me; Dugdale's only seemed to press hardest, to which my Lord spake a great while, but confusedly, without any method.

One thing my Lord said as to Oates, which I confess did exceedingly affect me: That a person who during his depositions should so vauntingly brag that though he went over to the church of Rome, yet he was never a Papist, nor of their religion, all the time that he seemed to apostatise from the Protestant, but only as a spy; though he confessed he took their sacrament, worshipped images, went through all their oaths, and discipline of their proselites, swearing secrecy and to be faithful, but with intent to come over again and betray them;--that such an hypocrite, that had so deeply prevaricated as even to turn idolator (for so we of the Church of England termed it), attesting God so solemnly that he was entirely theirs and devoted to their interest, and consequently (as he pretended) trusted;--I say, that the witness of such a profligate wretch should be admitted against the life of a peer,--this my Lord looked upon as a monstrous thing, and such as must needs redound to the dishonour of our religion and nation. And verily I am of his Lordship's opinion: such a man's testimony should not be taken against the life of a dog. But the merit of something material which he discovered against Coleman, put him in such esteem with the Parliament, that now, I fancy he stuck at nothing, and thought everybody was to take what he said for gospel. The consideration of this, and some other circumstances, began to stagger me; particularly how it was possible that one who went among the Papists on such a design, and pretended to be intrusted with so many letters and commissions from the Pope and the party, nay and delivered them to so many great persons, should not reserve one of them to show, nor so much as one copy of any commission, which he who had such dexterity in opening letters might certainly have done, to the undeniable conviction of those whom he accused; but, as I said, he gained credit on Coleman. But, as to others whom he so madly flew upon, I am little inclined to believe his testimony, he being so slight a person, so passionate, so ill-bred, and of such impudent behaviour; nor is it likely that such piercing politicians as the Jesuits should trust him with so high and so dangerous secrets.

_7th December._ On Tuesday I was again at the trial, when judgment was demanded; and, after my Lord had spoken what he could in denying the fact, the managers answering the objections, the Peers adjourned to their House, and within two hours returned again. There was, in the meantime, this question put to the judges, "whether there being but one witness to any single crime, or act, it could amount to convict a man of treason." They gave an unanimous opinion that in case of treason they all were overt acts, for though no man should be condemned by one witness for any one act, yet for several acts to the same intent it was valid; which was my Lord's case. This being past, and the Peers in their seats again, the Lord Chancellor Finch (this day the Lord High-Steward) removing to the woolsack next his Majesty's state, after summoning the lieutenant of the tower to bring forth his prisoner, and proclamation made for silence, demanded of every peer (who were in all eighty-six) whether William, Lord Viscount Stafford, were guilty of the treason laid to his charge, or not guilty.

Then the Peer spoken to, standing up, and laying his right hand upon his breast, said Guilty, or Not Guilty, upon my honour, and then sat down, the Lord Steward noting their suffrages as they answered upon a paper: when all had done, the number of Not guilty being but 31, the Guilty 55: and then, after proclamation for silence again, the Lord Steward directing his speech to the prisoner, against whom the axe was turned edgeways and not before, in aggravation of his crime, he being ennobled by the King's father, and since received many favours from his present Majesty: after enlarging on his offence, deploring first his own unhappiness that he who had never condemned any man before should now be necessitated to begin with him, he then pronounced sentence of death by hanging, drawing, and quartering, according to form, with great solemnity and dreadful gravity; and after a short pause, told the prisoner that he believed the Lords would intercede for the omission of some circumstances of his sentence, beheading only excepted; and then breaking his white staff, the Court was dissolved. My Lord Stafford during all this latter part spake but little, and only gave their Lordships thanks after the sentence was pronounced; and indeed behaved himself modestly, and as became him.

It was observed that all his own relations of his name and family condemned him, except his nephew, the Earl of Arundel, son to the Duke of Norfolk. And it must be acknowledged that the whole trial was carried on with exceeding gravity: so stately and august appearance I had never seen before; for besides the innumerable spectators of gentlemen and foreign ministers, who saw and heard all the proceedings, the prisoner had the consciences of all the Commons of England for his accusers, and all the Peers to be his Judges and Jury. He had likewise the assistance of what counsel he would, to direct him in his plea, who stood by him. And yet I can hardly think that a person of his age and experience should engage men whom he never saw before (and one of them that came to visit him as a stranger at Paris) _point blank_ to murder the King: God only who searches hearts, can discover the truth. Lord Stafford was not a man beloved, especially of his own family.

* * * * *

_22nd._ A solemn public Fast that God would prevent all Popish plots, avert his judgments, and give a blessing to the proceedings of parliament now assembled, and which struck at the succession of the Duke of York.

_29th._ The Viscount Stafford was beheaded on Tower-hill.

CHARACTER OF SHAFTESBURY (1681).

+Source.+--Dryden's _Absalom and Achitophel_.

... The false Achitophel[12] was ... A name to all succeeding ages curst. For close designs and crooked counsels fit, Sagacious, bold, and turbulent of wit, Restless, unfixed in principles and place, In power unpleased, impatient of disgrace; A fiery soul, which working out its way, Fretted the pigmy body to decay, And o'er-informed the tenement of clay. A daring pilot in extremity, Pleased with the danger, when the wave went high, He sought the storms; but, for a calm unfit, Would steer too nigh the sands to boast his wit. Great wits are sure to madness near allied, And thin partitions do their bounds divide. Else, why should he, with wealth and honour blest, Refuse his age the needful hours of rest? Punish a body which he could not please, Bankrupt of life, yet prodigal of ease? And all to leave what with his toil he won To that unfeathered two-legged thing, a son Got while his soul did huddled notions try, And born a shapeless lump, like anarchy. In friendship false, implacable in hate Resolved to ruin or to rule the State. To compass this the triple bond he broke, The pillars of the public safety shook, And fitted Israel[13] for a foreign yoke. Then, seized with fear, yet still affecting fame, Usurped a patriot's all atoning name. So easy still it proves in factious times With public zeal to cancel private crimes. How safe is treason and how sacred ill, Where none can sin against the people's will; Where none can wink and no offence be known, Since in another's guilt they find their own! Yet fame deserved no enemy can grudge: The statesman we abhor, but praise the judge. In Israel's courts ne'er sat an Abbethdin[14] With more discerning eyes or hands more clean, Unbribed, unsought, the wretched to redress, Swift of despatch and easy of access. Oh! had he been content to serve the Crown With virtues only proper to the gown, Or had the rankness of the soul been freed From cockle that oppressed the noble seed, David[15] for him his tuneful harp had strung And Heaven had wanted one immortal song. But, wild ambition loves to slide, not stand, And Fortune's ice prefers to Virtue's land. Achitophel, grown weary to possess A lawful fame and lazy happiness, Disdained the golden fruit to gather free And lent the crowd his arm to shake the tree. Now, manifest of crimes contrived long since, He stood at bold defiance with his Prince, Held up the buckler of the people's cause Against the Crown, and skulked behind the laws. The wished occasion of the Plot[16] he takes; Some circumstances finds, but more he makes; By buzzing emissaries fills the ears Of listening crowds with jealousies and fear Of arbitrary counsels brought to light, And proves the King himself a Jebusite.[17] Weak arguments! which yet he knew full well Were strong with people easy to rebel. For governed by the moon, the giddy Jews[18] Tread the same track when she the prime renews. And once in twenty years, their scribes record, By natural instinct they change their lord. Achitophel still wants a chief, and none Was found so fit as warlike Absalom.[19] Not that he wished his greatness to create, For politicians neither love nor hate: But, for he knew his title not allowed Would keep him still depending on the crowd: That kingly power, thus ebbing out, might be Drawn to the dregs of a democracy. Him he attempts with studied arts to please.

[12] Shaftesbury.

[13] England.

[14] The President of the Jewish judicature. Shaftesbury had been made Lord Chancellor in 1672.

[15] Charles II.

[16] The Popish Plot.

[17] A Roman Catholic.

[18] The English people.

[19] Monmouth, whom Shaftesbury proposed as Charles II.'s successor during the Exclusion controversy (1679-1681).

JUDGE JEFFREYS--A CHARACTER SKETCH.

+Source.+--North's _Lives of the Norths_. Vol. i., pp. 288-291. Bohn edition.

"Noisy in nature. Turbulent at first setting out. Deserter in difficulties. Full of tricks. Helped by similar friendships. Honesty, law, policy, alike."