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
The prisoners complained bitterly that they had been allowed neither
time nor facility to produce their witnesses. At Oates’ second trial
for perjury on May 9, 1685 there were called for the prosecution no
less than forty-five witnesses, who proved conclusively where Ireland
had been on every day but one between August 3 and September 14,
1678, the dates when he left and when he returned to London.[638] Five
months after Ireland’s execution, Whitebread, Fenwick, and Harcourt
called at their trial, to prove the same points, ten witnesses, whose
evidence covered a considerable part of the time in debate,[639] Had he
been able himself to call even those ten, not to say the whole number
afterwards collected, it can scarcely be doubted that their evidence
must have procured his acquittal and have given birth to the reaction
against Oates which every additional conviction postponed. As it was,
there were for the defence only four witnesses, two of whom were
intensely interested in the prisoner’s acquittal, against the hitherto
unshaken credit of Oates himself and the testimony of a disinterested
person called to support him. Scroggs put the point quite fairly to the
jury,[640] and the jury chose to disbelieve the prisoner’s witnesses.
The real hardship lay, not in the prejudice of the court or the violent
speech which the Chief Justice appended to his summing up of the
evidence,[641] but in the fact that the accused were kept wholly in
the dark as to the evidence which was to be produced against them. The
practice of the law, as it is still the theory,[642] made it impossible
for the accused to defend himself with certainty against the evidence
which might be brought against him. The preparation of his defence had
to be undertaken in the dark and conducted at random.
On the same day Ireland, Pickering, and Grove received sentence of
death from Jeffreys, as Recorder of London, in a speech which wavered
between pure abuse and a sermon which would have done credit to the
most strenuous divine.[643] More than a month later Ireland and Grove
were executed at Tyburn. Had Ireland’s execution been postponed, an
insurrection was feared. Pickering was respited by the king for so
long that the indignant Commons on April 27, 1679 petitioned urgently
that the law might take its course on the man who “did remain as yet
unexecuted, to the great emboldening of such offenders, in case they
should escape without due punishment;” and on May 25 Charles sent a
message to the House by Lord Russell to say that the sentence should
have effect.[644] All three died protesting their innocence to the last.
Public-domain text, read in full here on John Shaqi.
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