Nothing could be more evident than that the plan of Regency could be defended only on Whig principles. Between the rational supporters of that plan and the majority of the House of Commons there could he no dispute as to the question of right. All that remained was a question of expediency. And would any statesman seriously contend that it was expedient to constitute a government with two heads, and to give to one of those heads regal power without regal dignity, and to the other regal dignity without regal power? It was notorious that such an arrangement, even when made necessary by the infancy or insanity of a prince, had serious disadvantages. That times of Regency were times of weakness, of trouble and of disaster, was a truth proved by the whole history of England, of France, and of Scotland, and had almost become a proverb. Yet, in a case of infancy or of insanity, the King was at least passive. He could not actively counterwork the Regent. What was now proposed was that England should have two first magistrate, of ripe age and sound mind, waging with each other an irreconcilable war. It was absurd to talk of leaving James merely the kingly name, and depriving him of all the kingly power. For the name was a part of the power. The word King was a word of conjuration. It was associated in the minds of many Englishmen with the idea of a mysterious character derived from above, and in the minds of almost all Englishmen with the idea of legitimate and venerable authority. Surely, if the title carried with it such power, those who maintained that James ought to be deprived of all power could not deny that he ought to be deprived of the title.
And how long was the anomalous government planned by the genius of Sancroft to last? Every argument which could be urged for setting it up at all might be urged with equal force for retaining it to the end of time. If the boy who had been carried into France was really born of the Queen, he would hereafter inherit the divine and indefeasible right to be called King. The same right would very probably be transmitted from Papist to Papist through the whole of the eighteenth and nineteenth centuries. Both the Houses had unanimously resolved that England should not be governed by a Papist. It might well be, therefore, that, from generation to generation, Regents would continue to administer the government in the name of vagrant and mendicant Kings. There was no doubt that the Regents must be appointed by Parliament. The effect, therefore, of this contrivance, a contrivance intended to preserve unimpaired the sacred principle of hereditary monarchy, would be that the monarchy would become really elective.
Another unanswerable reason was urged against Sancroft's plan.
There was in the statute book a law which had been passed soon after the close of the long and bloody contest between the Houses of York and Lancaster, and which had been framed for the purpose of averting calamities such as the alternate victories of those Houses had brought on the nobility and gentry of the realm. By this law it was provided that no person should, by adhering to a King in possession, incur the penalties of treason. When the regicides were brought to trial after the Restoration, some of them insisted that their case lay within the equity of this act.