It is unnecessary for us to stop to point out the fallacy of this mode of reasoning. Our business at present is only to show the effect it had upon the minds both of the court and the jury. Thus the Chief Justice reasoned in his charge at the trial: ‘You, and we all, are sensible of the great difficulties and hazards that is now both against the king’s person, and against all Protestants, and our religion too; which will hardly maintain itself, when they have destroyed the men; but let ’em know that many thousands will lose their religion with their lives, for we will not be Papists, let the Jesuits press what they will, (who are the foundations of all this mischief,) in making proselytes by telling them, Do what wickedness you will, it’s no sin, but we can save you; and if you omit what we command, we can damn you. Excuse if I am a little warm, when perils are so many, their murders so secret, that we cannot discover the murder of that gentleman whom we all knew so well, when things are transacted so closely, and our king in so great danger, and our religion at stake. ’Tis better to be warm here than in Smithfield. When a Papist once hath made a man a heretic, there is no scruple to murder him. Whoever is not of their persuasion are heretics, and whoever are heretics may be murdered if the pope commands it; for which they may become saints in heaven; this is that they have practised. If there had been nothing of this in this kingdom, or other parts of the world, it would be a hard thing to impose it upon them; but they ought not to complain when so many instances are against them. Therefore discharge your consciences as you ought to do; if guilty, let him take the reward of his crime, and you shall do well to begin with this man, for perchance it may be a terror to the rest. Unless they think they can be saved by dying in the Roman faith, though with such pernicious and traitorous words and designs as these are, let such go to Heaven by themselves. I hope I shall never go to that Heaven, where men are made saints for killing kings.’
The flimsy logic and cool-blooded cruelty of this charge are too obvious to require mention. According to the chief justice, no Papist could complain that he was hanged for treason because some members of his church had massacred the Protestants on Bartholomew’s day. The recommendation ‘to begin with this man, that it may be a terror to the rest,’ marks well the character of the judge, and the temper of the jury that could advance or approve such a detestable doctrine.
Stayley was convicted and thus sentenced: ‘You shall return to prison, from thence shall be drawn to the place of execution, where you shall be hanged by the neck, cut down alive, your quarters shall be severed, and be disposed of as the king shall think fit, and your bowels burnt, and so the Lord have mercy on your soul.’
This sentence was executed five days after.
The next victim was Coleman. The evidence against him was of a twofold nature; his own letters, and the testimony of Oates and Bedlow. As to the first, they disclose clearly enough the existence of a Plot, but a Plot in which Charles himself was the chief conspirator; a Plot not only to restore popery, but to destroy English liberty. This Plot was of an early date, and began indeed almost at the restoration of the king. The monarch of France and the Duke of York were his accomplices. Coleman’s part in it seems to have been merely that of an ambitious, intriguing, bigotted partizan, pleased with being entrusted with the secrets of the great; and much disposed to magnify the importance and value of his services. His letters, that were produced on his trial, related to the years 1674 and ’5. If there was any correspondence of a later date, it was never discovered. In fine, we may say of these letters that if there was enough in them to convict Coleman of high treason, the king, the duke, and several of the most prominent statesmen of that period were equally guilty.
The testimony of Oates was so strange and improbable, that it never could have obtained credence for a moment, except at a time when men had ‘lost their reason.’ The basis of his whole narration, was his statement relating to the consult of the Jesuits in April, which we give in his own words. ‘They were ordered to meet by virtue of a brief from Rome, sent by the father general of the society. They went on to these resolves: That Pickering and Grove should go on, and continue in attempting to assassinate the king’s person by shooting, or other means. Grove was to have fifteen hundred pounds. Pickering being a religious man, was to have thirty thousand masses, which at twelvepence a mass amounted to much that money. This resolve of the Jesuits was communicated to Mr. Coleman in my hearing at Wild House. My lord, this was not only so, but in several letters he did mention it, and in one letter, (I think I was gone a few miles out of London,) he sent to me by a messenger, and did desire the duke might be trepaned into this Plot to murder the king.’
But one consult of fifty Jesuits, all eager to carry their diabolical plans of assassination and murder into execution, was not enough for Dr. Oates, and he went on to relate the proceedings that took place at another, held at the Savoy in the month of August, when the Benedictine monks were present with the Jesuits. ‘In this letter,’ (one written by Archbishop Talbot, the titular archbishop of Dublin,) ‘there were four Jesuits had contrived to despatch the Duke of Ormond. (These were his words.) To find the most expedient way for his death Fogarthy was to be sent to do it by poison, if these four good fathers did not hit of their design. My lord, Fogarthy was present. And when the consult was almost at a period, Mr. Coleman came to the Savoy to the consult, and was mighty forward to have father Fogarthy sent to Ireland to despatch the duke by poison. This letter did specify they were then ready to rise in rebellion against the king for the pope.’
Att. Gen. ‘Do you know any thing of arms?’
‘There were forty thousand black bills; I am not so skilful in arms to know what they meant, (military men know what they are,) that were provided to be sent into Ireland for the use of the Catholic party.’
In addition to the forty thousand black bills, Oates stated that there had been £200,000 contributed by the Catholics, and that he heard Coleman say ‘that he had found a way to transmit it for the carrying on of the rebellion in Ireland.’