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
This was a fault in criminal procedure which persisted until at least
the end of the seventeenth century and exercised a supreme influence
upon the course of justice. Grave attention and decisive weight was
given to evidence which in modern times would not be allowed to come
into court at all. The most irrelevant detail was freely admitted
against the prisoner. At Raleigh’s trial in 1603 one Dyer, a pilot,
swore that when he was at Lisbon he had accidentally met a man who said
that Cobham and Raleigh would cut King James’ throat before he could
be crowned.[524] Evidence of a still more remarkable character was
given at the trial of Benjamin Faulconer for perjury in 1653. After the
charge had been proved, witnesses were called to testify to a variety
of facts startlingly unconnected with the case. They swore that the
prisoner had been guilty of using bad language, that he had drunk the
devil’s health in the streets of Petersfield, and that he had “a common
name for a robber on the highway.”[525] All this was allowed as good
evidence to raise a presumption of his guilt. Instances of the lax
rules of evidence in force might be multiplied. At Hulet’s trial for
having been executioner of Charles I witnesses were admitted for the
defence to testify that they had heard Brandon, the hangman, say that
he had himself cut off the king’s head. On the other hand the evidence
for the prosecution chiefly consisted of the testimony of persons who
swore that they had heard Hulet admit the truth of the charge.[526]
The trial of Hawkins for theft before Sir Matthew Hale in 1669 is
still more notable. Not only was evidence allowed to prove for the
prosecution that Hawkins had committed, and for the defence that he
had not committed, two other thefts wholly unconnected with the case
before the court,[527] but the prisoner, who was a country parson,
was permitted to produce a certificate signed by over a hundred of
his parishioners, to the effect that the prosecutor was “a notorious
Anabaptist, an enemy to the Church of England, and a perfect hater
of all ministers of the same, but in particular most inveterate and
malicious against Robert Hawkins, clerk, late minister of the church
of Chilton,” and going on to express their belief in the innocence of
Hawkins and the dishonesty of the prosecutor.[528]
Public-domain text, read in full here on John Shaqi.
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