Rapin, who argues the whole of this affair with a degree of weakness as well as disingenuity very unusual to him, seems at last to offer us a kind of compromise, and to be satisfied if we will admit that there was a design or project to introduce popery and an arbitrary power, at the head of which were the king and his brother. Of this I am as much convinced as he can be; but how does this justify the prosecution and execution of those who suffered, since few if any of them, were in a situation to be trusted by the royal conspirators with their designs? When he says, therefore, that that is precisely what was understood by the conspiracy, he by no means justifies those who were the principal prosecutors of the plot. The design to murder the king he calls the appendage of the plot: a strange expression this, to describe the projected murder of a king; though not more strange than the notion itself when applied to a plot, the object of which was to render that very king absolute, and to introduce the religion which he most favoured. But it is to be observed, that though in considering the bill of exclusion, the militia bill, and other legislative proceedings, the plot, as he defines it—that is to say, the design of introducing popery and arbitrary power—was the important point to be looked to; yet in courts of justice, and for juries and judges, that which he calls the appendage was, generally speaking, the sole consideration.
Although, therefore, upon a review of this truly shocking transaction, we may be fairly justified in adopting the milder alternative, and in imputing to the greater part of those concerned in it rather an extraordinary degree of blind credulity than the deliberate wickedness of planning and assisting in the perpetration of legal murders, yet the proceedings on the popish plot 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 attorneys 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 of the plot, never once exercised his glorious prerogative of mercy. It is said he dared not. His throne, perhaps his life, was at stake; and history does not furnish us with the example of any monarch with whom the lives of innocent or even meritorious subjects ever appeared to be of much weight, when put in balance against such considerations.


