by the sanctity of the office. Justice, and the favor of the court were identical. The law and the royal pleasure were inseparably associated in the mind of the judge.

We would not be understood as meaning that the English judges were unjust, or partial in the trials between private citizens. In these cases it was not often that there was any obstacle interposed to the administration of even-handed justice. It was when the government came in as a party; when political offenders were to be tried, that they too often proved false to their trust. The temptations of office; the love of ease, wealth, and distinction; the fear of ministerial enmity, of royal disgrace, were too powerful for poor Honesty. The hour in which their aid was most needed by the friendless prisoner, was that in which it was withdrawn; for surely if men ever need an upright, able, and impartial administration of the law, it is when they contend single-handed against the influences of flattery, bribery, and intimidation, which those in authority are ever able to employ. The odds are fearful in such a contest. The prejudices of juries, the subservience of lawyers, the servility of judges, gave scarce a hope that justice would not be wrested to serve the purposes of the crown; that considerations of state policy would not prove stronger than any abstract belief of the prisoner's innocence or guilt. That we have not misrepresented the degraded condition of the English tribunals during the period we have mentioned, a reference to the state trials passim, will abundantly prove. Nor is it at all strange that such should have been the case. During the dynasty of the Tudors, and the reign of the first of the Stuarts, the duty alike of the courts, and of parliament was simply to register the royal edicts. If the formalities of law were observed, it was rather through the goodnature of the sovereign, than from any consciousness of his inability to break through their restraints. But after the rebellion, and especially after the revolution, when the limits of prerogative became marked out with some degree of precision, and monarchs could no longer effect their purposes by open violence, then more subtle means were resorted to, but scarcely less dangerous, to destroy those who were so unfortunate as to become the objects of royal or ministerial enmity. The king, if he could not make the law, could still appoint the judges of the law; and the right of interpretation was hardly less powerful than the power of legislation. Even when, after a lapse of time, the judges became in a great measure independent of the crown, still it was not until many years later, when the voice of an outraged people became more terrible to them than the frowns of kings or ministers, that those accused of political offence could hope for justice at their hands.

The reign of Charles the Second, in every respect the most disgraceful in English history, is that period to which we wish now particularly to ask the reader's attention. During the latter part of it, the chief justice's seat was filled first by Scroggs, and afterwards by Jeffries; the former came to the bench a little before the disclosures that took place respecting the Popish Plot, and presided at the trials that took place in consequence of that event. It is to these trials that we shall now confine ourselves; only premising certain facts necessary to the perfect understanding of the extracts which we are about to make.

It is unnecessary to go minutely into the details of the Popish Plot. A general outline will answer our present purpose. The first who pretended any knowledge of it, or made any disclosure respecting it, was Titus Oates. He, when examined before the council in October, 1678, stated that at a consult held by the Jesuits on the 24th of April preceding, at the White Horse Tavern in London, resolutions had been adopted to kill the king, overthrow the established church, and restore popery. Upon this many arrests were made, and among others was Coleman, who had been secretary to the late Duchess of York. His papers were seized, and there was found a correspondence he had carried on several years before with the confessor of Louis XIV., having reference mainly to the restoration of the Catholic religion in England. These letters, although in no way confirmatory of the alleged Plot, except so far as they indicated an anxious desire on the part of the members of that church to regain their lost ascendency in Great Britain, and their intention to use every effort for that purpose, things already well known, yet produced great excitement, and were regarded by many as conclusive proof of the truth of Oates' statements. Another event, which happened about the same time, raised the excitement to its highest pitch. Sir Edmundbury Godfrey, a London magistrate, before whom Oates had made his depositions, was found murdered, and under such circumstances as precluded the idea of suicide. Suspicion now deepened into certainty. No one longer dared to doubt the reality of the plot. To doubt, was to confess one's self an accomplice. Nothing was talked of but the Plot. The wildest rumors were caught up and repeated, and soon grew into well-authenticated facts. The name Papist, or Roman Catholic, became synonymous with assassin. Many, not content with carrying arms, clothed themselves in armor. At the funeral of Sir Edmondbury Godfrey, says North, in his Examen, 'the crowd was prodigious, both at the procession, and in and about the church, and so heated, that any thing called Papist, were it a cat or a dog, had probably gone to pieces in a moment. The Catholics all kept close in their houses and lodgings, thinking it a good compensation to be safe there, so far were they from acting violently at that time. But there was all that which upheld among the common people an artificial fright, so that every one almost fancied a popish knife just at his throat; and at the sermon, beside the preacher, two thumping divines stood upright in the pulpit, to guard him from being killed while he was preaching, by the Papists.'

Oates immediately became a man of great consequence. He was called the saviour of the nation, had lodgings given him at Whitehall, and a pension from parliament of £1200 a year. But the more cool and circumspect could not forget the notorious infamy of his character, or implicitly rely on the word of a man who openly confessed that he had gone among the Jesuits, and declared himself a convert to their faith merely to betray them. But with the populace his credit was unbounded. The more incredible his fictions, the better they suited the vulgar appetite. In this sort of narrative, as Hume truly remarks, a fool was more likely to succeed than a wise man. Accompanied by his guards, for being supposed to be a special object of popish enmity, guards had

trappings of his late slothful and voluptuous life, and arming himself for warlike action, he departed from Toledo at the head of his guard, composed of the flower of the youthful nobility. His queen, Exilona, accompanied him; for she craved permission to remain in one of the cities of Andalusia, that she might be near her lord in this time of peril. Among the first who appeared to hail the arrival of the king at Cordova, was the Bishop Oppas, the secret partisan of the traitor Julian. He brought with him his two nephews, Evan and Siseburto, the sons of the late king Witiza; and a great host of vassals and retainers, all well armed and appointed, for they had been furnished, by Count Julian, with a part of the arms sent by the king to Africa. The bishop was smooth of tongue, and profound in his hypocrisy: his pretended zeal and devotion, and the horror with which he spoke of the treachery of his kinsman, imposed upon the credulous spirit of the king, and he was readily admitted into his most secret council.

The alarm of the infidel invasion had spread throughout the land, and roused the Gothic valor of the inhabitants. On receiving the orders of Roderick, every town and hamlet, every mountain and valley, had sent forth its fighting men, and the whole country was on the march toward Andalusia. In a little while there were gathered together, on the plain of Cordova, near fifty thousand horsemen, and a countless host of footsoldiers. The Gothic nobles appeared in burnished armor, curiously inlaid, and adorned with chains and jewels of gold, and ornaments of precious stones, and silken scarfs, and surcoats of brocade, or velvet richly embroidered; betraying the luxury and ostentation with which they had declined from the iron hardihood of their warlike sires. As to the common people, some had lances and shields and swords and crossbows, but the greater part were unarmed, or provided merely with slings, and clubs studded with nails, and with the iron implements of husbandry; and many had made shields for themselves from the doors and windows of their habitations. They were a prodigious host, and appeared, say the Arabian chroniclers, like an agitated sea; but, though brave in spirit, they possessed no knowledge of warlike art, and were ineffectual through lack of arms and discipline.

Several of the most ancient and experienced cavaliers, beholding the state of the army, advised Don Roderick to await the arrival of more regular troops, which were stationed in Iberia, Cantabria, and Gallia Gothica; but this counsel was strenuously opposed by the Bishop Oppas; who urged the king to march immediately against the infidels. As yet,' said he, their number is but limited; but every day new hosts arrive, like flocks of locusts, from Africa. They will augment faster than we; they are living, too, at our expense, and, while we pause, both armies are consuming the substance of the land.'

King Roderick listened to the crafty counsel of the bishop, and determined to advance without delay. He mounted his war horse, Orelia, and rode among his troops assembled on that spacious plain, and whereever he appeared he was received with acclamations; for nothing so arouses the spirit of the soldier as to behold his sovereign in arms. He addressed them in words calculated to touch their hearts and animate their courage.

'The Saracens,' said he, ' are ravaging our land, and

taken for granted as an incontestable fact. Another fact was also assumed, most improperly indeed, but not without some show of reason, that it was an admitted doctrine of the Romish church, that however sinful an act might be in itself, it lost its sinfulness if the interests of the church demanded its performance. Therefore it was argued, to kill a hereticking, to swear falsely, to deceive an enemy, is to do nothing wrong in the eyes of a Papist, if the pope or the bishops command it. Such a man it is proper for us to regard as an enemy, for his principles would lead him to employ any means for the destruction of those whom he was taught to regard as the enemies of his church.

6

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

African wars; they were well armed and appointed also, with the weapons of which the count had beguiled his sovereign; and it was a grievous sight to behold such good soldiers arrayed against their country

and their faith.

The Christians pitched their tents about the hour of vespers, at a short league distant from the enemy, and remained gazing with anxiety and awe upon this barbaric host that had caused such terror and desolation in the land for the first sight of a hostile encampment in a country disused to war, is terrible to the newly enlisted soldier. A marvellous occurrence is recorded by the Arabian chroniclers as having taken place in the Christian camp; but discreet Spanish writers relate it with much modification, and consider it a stratagem of the wily Bishop Oppas, to sound the loyalty of the Christian cavaliers.

As several leaders of the army were seated with the bishop in his tent, conversing on the dubious fortunes of the approaching contest, an ancient pilgrim appeared at the entrance. He was bowed down with years, his snowy beard descended to his girdle, and he supported his tottering steps with a palmer's staff. The cavaliers rose and received him with great reverence as he advanced within the tent. Holding up his withered hand, Wo, wo to Spain !' exclaimed he, for the vial of the wrath of heaven is about to be poured out. Listen, warriors, and take warning. Four months since, having performed my pilgrimage to the sepulchre of our Lord in Palestine, I was on my return toward my native land. Wearied and wayworn, I lay down one night to sleep beneath a palm tree, by the side of a fountain, when I was awakened by a voice saying unto me, in soft accents, 'Son of sorrow, why sleepest thou?' I opened my eyes, and beheld one of a fair and beauteous countenance, in shining apparel and with glorious wings, standing by the fountain; and I said, Who art thou who callest upon me in this deep hour of the night ?"

Fear not,' replied the stranger, 'I am an angel from heaven, sent to reveal unto thee the fate of thy country. Behold the sins of Roderick have come up before God, and his anger is kindled against him, and he has given him up to be invaded and destroyed. Hasten then to Spain, and seek the camp of thy countrymen. Warn them that such only shall be saved as shall abandon Roderick; but those who adhere to him shall share his punishment, and shall fall under the sword of the invader.''

The pilgrim ceased, and passed forth from the tent; certain of the cavaliers followed him to detain him, that they might converse further with him about these matters, but he was no where to be found. The sentinel before the tent said, 'I saw no one come forth, but it was as if a blast of wind passed by me, and there was a rustling as of dry leaves.'

The cavaliers remained looking upon each other with astonishment. The Bishop Oppas sat with his eyes fixed upon the ground, and shadowed by his overhanging brow. At length, breaking silence, in a low and faltering voice, Doubtless,' said he, this message is from God; and since he has taken compassion upon us, and given us notice of his impending judgment, it behooves us to hold grave council, and determine how best we may accomplish his will and avert his displeasure.'