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
At eleven o’clock on the next morning the votes were taken. Thirty-one
peers pronounced Lord Stafford innocent, fifty-five guilty. The verdict
was not unexpected. Stafford had conducted his defence so feebly as
to make his acquittal improbable.[755] Physical weakness accounted
largely for this; but he had made the mistake of speaking as much as
possible, and his remarks were halting, nebulous, indecisive. On the
night before the verdict was delivered Barillon wrote that there was
every appearance that it would be adverse to the accused.[756] Sir
John Reresby was staggered by the evidence for the prosecution, and
only maintained his belief in Stafford’s innocence by fixing his mind
firmly on the depravity of the witnesses.[757] Anglesey, Lord Privy
Seal, afterwards pressed hard for Lord Stafford’s pardon, but at the
trial he felt constrained to vote against him, “secundum allegata et
probata.”[758] Even Charles, although he knew that Oates and his crew
were liars and publicly called them rascals, thought that the evidence
against the accused was strong, and that he might well be guilty;[759]
and the Countess of Manchester, who was present at the whole trial,
wrote to Lady Hatton before the verdict was known, that the charge “was
so well proved that I believe not many was unsatisfied, except those
that were out of favour with the party might wish it other ways.”[760]
Charles was present in Westminster Hall while the peers delivered
their verdict, and took notes of the sides on which they voted. When
it became evident that the majority were for condemnation, his face
to those who were near him shewed profound disappointment.[761]
Whether or no he believed in Stafford’s innocence, the conviction
was a blow to the king’s cause. But the votes were not directed by
political considerations alone. These would probably have ensured an
acquittal. If Charles had exerted his personal influence on the court,
an acquittal would have been certain.[762] The peers gave judgment on
what seemed to them the merits of the case. Three eminent members of
Lord Stafford’s family voted for the death.[763] The same verdict was
delivered by the Lord Chancellor, the Lord Privy Seal, the Earl of
Oxford, Lord Maynard, and the Duke of Lauderdale. Among the thirty-one
who found for the accused were such staunch Whigs as Lord Holles,
Lord Lucas, and the Earl of Clarendon. All these, had party spirit
directed the votes, must have determined to the contrary. The fact
must be faced that so late as December of the year 1680, more than
two years after Oates’ first revelations, and after the disclosure at
Wakeman’s trial had rendered certain the fact of his perjury, many
of the most honourable and intelligent men in the kingdom sincerely
accepted as credible the evidence offered against Lord Stafford, and as
earnest of their belief sent to the scaffold one of their own number,
a man bowed down with years and infirmity, the victim of miscreants
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