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
In their support of the crown by technical legality and practical
injustice the courts lost all repute as temples of the law. Even that
high royalist, Lord Clarendon, recognised that reliance upon such
means was a cause of weakness, not of strength, and that men ceased to
respect judicial decisions when they were used to cloak the designs of
government. “When they saw,” he writes, “in a court of law (that law
that gave them a title to the possession of all they had) reason of
state urged as elements of law, judges as sharp-sighted as secretaries
of state, and in the mysteries of state, ... they had no reason to
hope that doctrine, or the promoter of it, would be contained within
any bounds. And here the damage and mischief cannot be expressed that
the crown and state sustained by the deserved reproach and infamy
that attended the judges; there being no possibility to preserve the
dignity, reverence, and estimation of the laws themselves but by the
integrity and innocency of the judges.”[488] To the thorough supporter
of the administration the matter appeared in a different light. When
the two dissenting judges gave way under pressure and adhered to the
report of the majority in favour of ship-money, they were told by Lord
Wentworth that it was the greatest service the legal profession had
rendered to the crown during this period.[489]
For good or evil the work of reducing the bench to an arm of the
administration had been done, and from this political degradation it
did not recover for nearly three-quarters of a century, until William
III was seated on the throne and the judges became independent of the
crown.
Public-domain text, read in full here on John Shaqi.
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