The Popish Plot: A study in the history of the reign of Charles IIPollock, John
History
The Popish Plot: A study in the history of the reign of Charles II
Pollock, John
Popish Plot, 1678
his policy. The expedient, which has since made the way plain, of the
constitutional supremacy of the Commons of England was then unborn, and
as yet in the light of practical affairs inconceivable. The Lord Chief
Justice, “toughest of men,” and too stubborn to yield, was broken; but
his brethren on the bench gave way and offered assurances of their
good conduct for the future and of their devotion to the royal will.
James took the opportunity of the lecture which he read to the judges
in the star chamber to compare their behaviour in meddling with the
prerogative of the crown to the atheism and blasphemy committed by good
Christians in disputing the word of God.
Thus the judges became, according to Bacon’s wish, “lions, but yet
lions under the throne,” and carried themselves very circumspectly
not to “check or oppose any points of sovereignty.”[485] Of their
regularity in this course there can be no doubt, for if any lapsed
into forbidden ways, a judge he speedily ceased to be. His appointment
was _durante beneplacito_[486] and revocable at the will of the king;
and the king took full advantage of his power. The example offered by
the case of Coke was not left long in isolation. The government was
engaged in the hopeless attempt to uphold the constitution of the Tudor
monarchy at a time when the nation had outgrown it, and had opened
a war to the death with the progressive tendency of Parliament. In
such a struggle the judges were the king’s strongest weapon, and as a
weapon that turns uselessly in the hand, the recalcitrant judge was
discarded without scruple. When the better class of judges questioned
the legality of acts of government they met with the same fate as
their rugged predecessor. Under Charles I two Lord Chief Justices were
dismissed and Chief Baron Walter was suspended from office. Judicial
offices of consequence were filled with “men of confidence,” men who
enjoyed the confidence of the king and quickly lost that of every one
else.[487]
Public-domain text, read in full here on John Shaqi.
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