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
Until the day of his trial he was
kept close prisoner. He had no notice of the witnesses who were to be
called against him or of the evidence which they would give. Nor was
the evidence for the prosecution the only point in which the prisoner
was at a disadvantage, for he was not allowed to call witnesses to set
up a case for himself. This at least seems to have been the fact; but
even had theory permitted the appearance in court of witnesses for the
prisoner, in practice the difference made would have been trifling, for
he certainly had no means of procuring their attendance or, supposing
they came, of ascertaining what they would say. Even at the close of
the seventeenth century, when witnesses for the defence were recognised
and encouraged by the courts, great difficulty was experienced by
prisoners in procuring the attendance of the right persons, and, when
these came, they sometimes gave evidence on the wrong side.[517] The
accused was brought into court in absolute ignorance of what would be
produced against him, and was compelled to defend himself on the spur
of the moment against skilled lawyers, who had been preparing their
case for weeks or perhaps months beforehand. Neither before or at the
trial was he allowed the aid of counsel or solicitor. On being brought
to the bar, the prisoner was treated in such a way as to rob him almost
of the possibility of escape. During his confinement examinations had
been made of all other suspected persons, and their depositions had
been taken. Not only could these now be produced in court against him,
but the confessions of accomplices, when these could be found, were
regarded as specially cogent evidence. No one, it was said, could have
so great a knowledge of the crime as the accomplices of the criminal—a
remark, it must be admitted, which, at a time when there existed no
organised force of police, was not without some show of justice.
No doubt such men were of bad character, but then it was not to be
expected that one could raise the curtain on scenes of such ill-odour
without coming into questionable company. The prisoner was not allowed
to cross-examine the witnesses brought against him and had not even the
right to confront them in court face to face.[518]
Public-domain text, read in full here on John Shaqi.
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