[19] As to the judges of those times, see what a picture is drawn of a chief justice by the most celebrated of our historians:—"To be a Jesuit, or even a catholic, was of itself a sufficient proof of guilt. The chief justice (sir William Scroggs), in particular, gave sanction to all the narrow prejudices and bigoted fury of the populace. Instead of being counsel for the prisoners, as his office required, he pleaded the cause against them, browbeat their witnesses, and on every occasion represented their guilt as certain and uncontroverted. He even went so far as publicly to affirm, that the papists had not the same principles which protestants have, and therefore were not entitled to that common credence, which the principles and practices of the latter call for. And, when the jury brought in their verdict against the prisoners, he said, 'You have done, gentlemen, like very good subjects, and very good Christians, that is to say, like very good protestants.'"—Hume's History of England, vol. viii, ch. 67, p. 91. See also what the same author says in his third appendix: "Timid juries, and judges, who held their offices during pleasure, never failed to second all the views of the crown. And, as the practice was anciently common, of fining, imprisoning, or otherwise punishing the jurors, merely at the discretion of the court, for finding a verdict contrary to the direction of these dependent judges, it is obvious, that juries were then no manner of security to the liberty of the subject."—Vol. v, p. 458. And, if these be not enough, take conviction from the pen of one of the most penetrating geniuses of the age: "The proceedings on the popish plot," says Mr. Fox, in his History of James II, "must always be considered as an indelible disgrace upon the English nation, in which king, parliament, judges, juries, witnesses, prosecutors, have all their respective, though certainly not equal shares. Witnesses, of such a character as not to deserve credit in the most trifling cause, upon the most immaterial facts, gave evidence so incredible, or, to speak more properly, so impossible to be true, that it ought not to have been believed if it had come from the mouth of Cato: and, upon such evidence, from such witnesses, were innocent men condemned to death and executed. Prosecutors, whether attornies and solicitors-general, or managers of impeachment, acted with the fury which, in such circumstances, might be expected; juries partook, naturally enough, of the national ferment; and judges, whose duty it was to guard them against such impressions, were scandalously active in confirming them in their prejudices, and inflaming their passions. The king, who is supposed to have disbelieved the whole plot, never once exercised his glorious prerogative of mercy. It is said he dared not. His throne, perhaps his life, was at stake."—History of James II, by the right honourable Charles James Fox, page 33.
[20] Fox's History of James II, page 40.
[21] I was unwilling to interrupt the reader at the last quotation from Mr. Fox, but I beg leave here to say a few words relative to the insinuated calumny on the catholic priests of Ireland, to which I then alluded. As I have before observed, it is easy to see, that this attack, under cover of assailing the Jesuits, is aimed at catholics in general. The priests in Ireland are charged, in the pamphlet, with great venality and corruption of morals, and this, the writer says, may be affirmed without the fear of contradiction. To notice this slander is allowing myself to be led from my particular subject into the general one; I will not, therefore, dwell upon it, but, referring the reader to a volume of indisputable authority, though written by a catholic (Dr. Milner's Inquiry into certain vulgar Opinions, Letter xviii), for an interesting account of the Irish clergy and of the Irish poor, I will content myself with extracting a note, or rather reference, from page 182 of the book. "If, gentlemen, you are not under the influence of very gross prejudice, you will, in receiving representations of the necessitous state of Ireland, maturely weigh the allegations of men, who have stigmatized, and still stigmatize as the last of mankind, some of the most deserving and useful men in the community. There are among them preachers and teachers of the first excellence: there are men of profound erudition, men of nice classical taste, and men of the best critical acumen. They are not formed, it is true, to shine in the drawing-room or at the tea-table; nor are such qualifications very desirable in churchmen; for you well know, that the refined manners of fashionable life are often as incompatible with Christian morality, as the grosser vices of the vulgar herd. Their manners are, in general, decent; but their exertions are great, their zeal is indefatigable. See them in the most inclement seasons, at the most unseasonable hours, in the most uncultivated parts, amidst the poorest and most wretched of mankind! They are always ready at a call; nothing can deter them; the sense of duty surmounts every obstacle! And there is no reward for them in this world! The good effects of their zeal are visible to every impartial and discerning mind; notwithstanding the many great disadvantages under which it labours. For instance, you may often find a parish so extensive and populous as to require two or three clergymen properly to serve it, and yet the poverty of the parish is such as to be scarcely able to maintain one in a tolerably decent manner. I could point out many other disadvantages, but I forbear at present," &c.—"After all, the good effects are so conspicuous, that, I repeat it, the lower orders of Irishmen are better instructed in the doctrines of Christianity than the lower orders of Englishmen."
I cannot speak of the catholic priests in Ireland from my own knowledge, but the information I have received, from friends well acquainted with the subject, fully corroborates this character of them. With such a character, already drawn before the public with genuine marks of candour, is it possible that any writer to the public should, in calumniating it, say, that there was no fear of his being contradicted? Was he not contradicted, if I may use the expression, by anticipation? But uncongenial records are useless things, like stern lights.
[22] Rapin's History of England, vol. ii, page 344.
[23] Hume says, that Campion was put to the rack, and, confessing his guilt, was publicly executed. The confession of guilt is not so clearly proved as the putting to the rack. In the life of Campion the confession is denied; and what Hume himself says immediately before is strong against the imputed guilt, that he and Parsons were sent to explain the bull of Pius, and to teach that the subjects of Elizabeth were not bound by it to rebel against her.—See vol. v, chap. xli, page 238.
[24] Page 327, edition 1615.
[25] Hume's History of England, vol. viii, chap. lxvii, page 110.
[26] Hume's History of England, vol. v, chap. xxxviii, page 22, &c.
[27] Hume.