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
Doubt cannot exist as to the dangerous consequence of the
correspondence carried on by Coleman. Under the most favourable
interpretation it reveals a design to accomplish again by means of
bribery what the English nation had already rejected as illegal and
unconstitutional, a deed which was said to have broken forty acts of
Parliament,[82] to give the sanction of authority to a religion which
was banned and to priests who were under doom of high treason. And the
most favourable interpretation is certainly not the most just. Those
“great designs ... to the utter ruin of the Protestant party,” which
should “drive away the Parliament and the Protestants ... and settle
in their employments the Catholics,” refuse such a colouring.[83] At
Coleman’s subsequent trial the Lord Chief Justice told him, “Your
design was to bring in Popery into England and to promote the interest
of the French king in this place.... Our religion was to be subverted,
Popery established, and the three kingdoms to be converted”;[84] and
what the Chief Justice said was true. Coleman and the party to which
he belonged had designed “to extirpate the religion established in
this country” by the assistance of money given by a foreign power.
Such an endeavour could not be undertaken without the commission of
high treason. By the theory of the constitution the king can do no
wrong. Much less can he do wrong to himself. He cannot be persuaded
to perform an act directed against his own person. Great persuasion
or importunity addressed to the king, says Hale, cannot be held an
act of treason, since an intention must be manifested to restrain or
influence him by force.[85] But the king cannot be supposed of his
free will to undertake measures having their end, according to the
construction of the statute, in the compassing of his own death. Nor
can he be supposed to be persuaded to such measures, for both cases
involve a contradiction of himself. No king can be guilty of high
treason. Except by Act of Parliament none in England can divest his
office of any of the full authority pertaining thereto. Persuasion of
the king to do so is by the nature of the case impossible, whether
it be in the form of money or other. Any one who plans a fundamental
change of the constitution, to be effected by money or other means
except by the constitutional action of Parliament, falls under the
penalty for treason none the less because he may hope for assistance
from the man who is king, since the king cannot be considered to assist
an unconstitutional change. Any one planning such a change, though
he intends to obtain the king’s assistance, acts against the king’s
authority as much as if he did not so intend, and is therefore guilty
of high treason. Of such possible changes the overthrow of the Church
of England is one, for the king cannot otherwise than constitutionally
join in the subversion of the church of which he is head, and which he
has sworn to maintain.
Public-domain text, read in full here on John Shaqi.
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