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 The Judicial History of Individual Liberty.

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THE JUDICIAL .HISTORY OF INDIVIDUAL LIBERTY.

III. BY VAN VECHTEN VEEDER, Of the New York Bar. WE now come to the greatest stain upon the evidence against Yhitebread was insuf the judicial annals of England—the ficient, and the acquittal of Wakeman, Gascoigne and Castlemaine demolished the plot. trials connected with the Popish Plot of 1678 and its counterblast, the Rye House Plot, Lord Stafford was the last victim. Lord five years later. It can hardly be said that no Nottingham presided at his impeachment. plot existed in 1678. The Jesuits were un Maynard, Wilmington and Treby appeared doubtedly striving to restore Catholicism, for the prosecution. Wallop and Saunders and were probably not particular as to the acted as counsel for the prisoner on ques means by which that result should be ac tions of law, but their craven conduct led Nottingham to command them to speak up. complished. But it is now certain that no "You have the protection of the court," he such plot as Titus Oakes proclaimed ever ex told them, "for the counsel you give in mat isted. Of Oates, the chief promoter of the ter of law, and whatever advice you give you prosecutions which ensued, Scroggs for once should maintain by the law." Objection was told no more than the base truth when he made to having the prisoner's counsel stand called him "the blackest and most perjured even within prompting distance of him, and villain that ever appeared on the face of the Stafford defended himself as best he could. earth." But Lord Shaftesbury and the "My lords," was his pathetic plea, "these Whigs must bear a large measure of blame things being such great afflictions to me, and for their political activity in magnifying the some other accidents which I shall not trou plot. The plot would probably have died a ble your lordships with teiling you of. have natural death but for the discovery of Coleso much disordered my sense and reason, man's letters and the murder of the magis (which before was little) that I scarce know trate Godfrey, which gave some color to how to clear myself to your lordships as I Oates' story. As it was, Oates, Bedloe and ought to do, or which way to go about the their villainous associates, with the aid of an doing of it; therefore, I do with all humility equally infamous bench, sacrificed the lives beg your lordships' pardon if I say anything of fourteen Catholics, beginning with Colethat may give an offense, or urge that which man and ending with Lord Stafford. Their may not be to the purpose. All which I de trials are reported in the sixth and seventh sire that you would be pleased to attribute volumes of the State Trials. Space will not to the true cause, my want of understanding, permit of more than a hasty examination. not of innocency or a desire to make it ap Only Wakeman and Stafford defended them pear." The three chief witnesses against selves with any degree of force; Langhorn, Stafford were Oates, Dugdale and Turberthe barrister, lost his head completely. Coleville. The first swore that Stafford had man's conviction was a foregone conclusion; Scroggs directed the jury that the prisoner's brought him a commission, signed by the letters were sufficient evidence of treason. pope, as paymaster of the army to be raised Ireland, Pickering and Grove were con against the king; the second, that Stafford victed upon the testimony of Oates and Bed had offered him £500 to kill the king; the loe. Even Scroggs was forced to admit that third, that Stafford had promised to reward