The Popish Plot: A study in the history of the reign of Charles IIPollock, John
History
The Popish Plot: A study in the history of the reign of Charles II
Pollock, John
Popish Plot, 1678
Instances to illustrate the nature of these more than magisterial
duties might easily be multiplied. The agitation caused by the Popish
Plot was naturally a spur to the activity of justices throughout the
country. Especially was this the case in the west of England, where
the Roman Catholics had their greatest strength. In Staffordshire Mr.
Chetwyn, in Derbyshire Mr. Gilbert, in Monmouthshire Captain Arnold
were unflagging in their efforts to scent out conspiracy and popery. In
consequence of information laid before the committee of the House of
Lords Mr. Chetwyn, in company with the celebrated Justice Warcup,[465]
searched Lord Stafford’s house. Tart Hall, for a secret vault in which
some priests were said to be concealed. The search was unsuccessful,
but the vigorous manner in which it was conducted is testified by
Chetwyn’s furious exclamation “that if he were the king, he would
have the house set fire to, and make the old rogues come forth.”[466]
The same magistrate also would have assisted in the work of obtaining
Dugdale’s confession, had he not been absent in London at the time.[467]
To Henry Gilbert, justice of the peace for Derbyshire, belonged the
merit of tracking, arresting, and obtaining the conviction of George
Busby, Jesuit, for being a Romish priest, at the Derby Assizes of
1681.[468] The evidence which Gilbert gave is very instructive as to
the scope of a magistrate’s duty.[469] As early as January 1679 William
Waller had come to search Mr. Powtrel’s house at West Hallam, where
the Jesuit was said to be concealed, but was dissuaded on Gilbert’s
assurance that he had already been over the place several times in
vain and believed Busby to have escaped from England. Since then
however trustworthy information had come to hand that he was still
in hiding. Gilbert first reconnoitred the house under the pretext of
buying wood for his coal-pits. He then went away, returned with a
constable and five or six other men and, fortified by the news that
Busby had been seen in the garden only a few moments before, conducted
a thorough search, which resulted in the discovery of various priestly
vestments, an altar, “a box of wafers, mass-books, and divers other
popish things.”[470] This was on March 1, 1681. A fortnight later, in
spite of some opposition from Mr. Justice Charlton, who was on circuit
for the spring assizes, Gilbert sent the prize, which by law should
have been burnt, back to West Hallam, in the hope of lulling the priest
to a false security. On the same night he went to gather the fruits of
his manœuvre. Posting men round the house, he made a noise and then
waited to see “if they could spy any light, or hear any walking in the
lofts or false floors.”[471] A constable and further assistance was
summoned, and about midnight Gilbert tapped at a window and demanded
admittance. It was refused, and after a proper interval the constable
broke in the door and the whole party entered the house. The priest’s
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