C O M P A R AT I V E S T U D Y State Trials of High Treason In the last decades of the XVII century, public interest in the so-called “treason trials” (criminal trials involving State interests) piqued. Reports of these trials were often printed in pamphlets and discussed by the general public.170 A series of major trials occurred before the outbreak of the Revolution of 1688171 that contributed to the perception of innocent people being convicted in political prosecutions.172 Treason trials raised many questions as to witness credibility and the standards for conviction.173 The treason trials were related to political instability in England in the 1670s and 1680s when the monarchy had recently been restored after the Interregnum (1649 – 1660). The Interregnum was a republican “gap” period between the execution of King Charles I and the restoration of King Charles II when the government was controlled by the Commonwealth and the Protectorate of Oliver Cromwell.174 The Anglican Church was concerned that King Charles II would be succeeded by his Roman Catholic brother James, the Duke of York.175 This political situation led to religious prosecutions, a prime example of which was the Popish Plot of 1678.176 There were numerous cases connected with the Popish Plot. The Trial of William Viscount Stafford for High Treason provides a general overview of the proof upon which the crime of conspiracy was established.177 In November 1680, the House of Commons presented the House of Lords with an Impeachment (indictment) for High Treason. As a Peer, Stafford invoked his privilege to be tried by the House of Lords (Peers).178 The trial Shapiro, p. 19. See also Langbein, Adversary Criminal Trial, p. 69-73. The Revolution of 1688 involved the overthrow of King James II of England by a union of English Parliamentarians acting together with Dutch stadtholder (head of state) William III of OrangeNassau (William of Orange). See Langbein, Adversary Criminal Trial, p. 69. 172 Langbein, Adversary Criminal Trial, p. 69. 173 Shapiro, p. 19-20. 174 Langbein, Adversary Criminal Trial, p. 69. 175 Langbein, Adversary Criminal Trial, p. 69. 176 The Popish Plot was an alleged conspiracy concocted by Titus Oates that there was an extensive Catholic conspiracy to assassinate King Charles II. Oates’ accusations led to the execution of at least 22 men. Eventually, Oates’ web of accusations fell apart, leading to his arrest and conviction for perjury. Other major prosecutions were related to the Rye House Plot (1683) and Monmouth’s Rebellion (1685). The Rye House Plot alleged the opposition Whig conspired to assassinate or mount an insurrection against King Charles II of England because of his pro-Roman Catholic policies. The Duke of Monmouth’s armed rebellion was an attempt to overthrow James II, who had become King upon the death of his elder brother King Charles II on 6 February 1685. See Langbein, Adversary Criminal Trial, at 69-77. See also John Pollock, The Popish Plot: A Study in the History in the Reign of Charles II 3 (Duckworth and Co. 1903), available at https://archive.org/stream/ popishplotstudyi00poll#page/n13/mode/2up (last accessed 14 April 2016). 177 John Bill, Thomas Newcomb, & Henry Hills, The Trial of William Viscount Stafford for High Treason (Jos. Ray 1680) (hereinafter “Bill”), available online at http://quod.lib.umich.edu/e/eebo/A632 08.0001.001?rgn=main;view=fulltext (last accessed 14 April 2016). 178 The British Parliament is formed by the House of Commons and House of Lords. The members of the House of Commons are voted by the public, while the members of the House of Lords inherit their status. For more on the history of the Parliament see The History of Parliament, available at http://www.parliament.uk/education/about-your-parliament/history-of-parliament/ (last accessed 14 April 2016). 170 171 39