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
Actions for libel had always afforded a wide field for the exercise of
administrative authority. Under the Clarendon _régime_ the sentence
pronounced by Chief-Justice Hyde upon Twyn, the printer, had fully
sustained the traditions of the trials of Prynne, Bastwick, and
Lilburn.[508] With the multiplication of political pamphlets after
1678 trials and convictions for libel became frequent. Within two
years six important prosecutions of authors, printers, or publishers
were instituted, and not only resulted almost always in the infliction
of heavy punishments, but offered at the same time opportunities for
many caustic and edifying remarks from the bench. Some time after, the
number of trials for political libels and seditious words held within
the space of seven months actually mounted to the total of sixteen.[509]
The advantage of lectures thus delivered in court on general politics
and the duties of a good subject was of considerable value to the
government. In this part of their duties the judges rivalled even the
courtly eloquence of divines whose chief occupation was the advocacy
of the doctrine of non-resistance. On his elevation to the bench in
October 1676 Sir William Scroggs “made so excellent a speech, that
my Lord Montague, then present, told the king he had since his happy
restoration caused many hundred sermons to be printed, all which
together taught not half so much loyalty; therefore as a sermon desired
his command to have it printed and published in all the market towns
in England.”[510] It was afterwards made a ground for proceedings in
Parliament against Scroggs that he had publicly spoken “very much
against petitioning, condemning it as resembling 41, as factious and
tending to rebellion, or to that effect”[511] and it was said that
Sir Robert Atkyns was dismissed from the bench for contradicting a
dictum of the Chief Justice while on circuit, “that the presentation
of a petition for the summoning of Parliament was high treason.”[512]
Similar behaviour was also made the subject of complaint against Mr.
Justice Jones.[513] Even the courteous Lord Chancellor Finch, in
delivering sentence upon Lord Stafford, undertook to prove by the way
that Godfrey had been murdered, and London burnt, by the papists.[514]
But most of all the influence and importance of the judges was shown
in trials for treason. In those days state trials were not merely
impartial inquiries into the question whether or no certain persons had
committed certain acts, the nature of which was under examination: they
were life-and-death struggles of the king and his government against
the attacks of those who wished to subvert them. It was the business
of those engaged in them to see that the king’s cause took no hurt.
In this light they were universally regarded, and to this end their
conduct was undertaken. Judges and jurors alike were engaged in the
recognised task of the defence of the state. To the hearers it was
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