Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
This therefore becomes a preliminary question, upon which the whole
mainly turns. It is one which does not seem to admit of a
demonstrative answer; but with which we can perhaps deal better than
those who lived at that time. Their distrust of the king, their
apprehension that nothing less than the delinquent minister's death
could ensure them from his return to power, rendered the leaders of
parliament obstinate against any proposition of a mitigated penalty.
Nor can it be denied that there are several instances in history,
where the favourites of monarchs, after a transient exile or
imprisonment, have returned, on some fresh wave of fortune, to mock or
avenge themselves upon their adversaries. Yet the prosperous condition
of the popular party, which nothing but intemperate passion was likely
to impair, rendered this contingency by no means probable; and it is
against probable dangers that nations should take precautions, without
aiming at more complete security than the baffling uncertainties of
events will permit. Such was Strafford's unpopularity, that he could
never have gained any sympathy, but by the harshness of his
condemnation and the magnanimity it enabled him to display. These have
half redeemed his forfeit fame, and misled a generous posterity. It
was agreed on all hands that any punishment which the law could award
to the highest misdemeanours, duly proved on impeachment, must be
justly inflicted. "I am still the same," said Lord Digby, in his
famous speech against the bill of attainder, "in my opinions and
affections, as unto the Earl of Strafford; I confidently believe him
to be the most dangerous minister, the most insupportable of free
subjects, that can be charactered. I believe him to be still that
grand apostate to the commonwealth, who must not expect to be pardoned
in this world till he be despatched to the other. And yet, let me tell
you, Mr. Speaker, my hand must not be to that despatch."[183] These
sentiments, whatever we may think of the sincerity of him who uttered
them, were common to many of those who desired most ardently to see
that uniform course of known law, which neither the court's lust of
power nor the clamorous indignation of a popular assembly might turn
aside. The king, whose conscience was so deeply wounded by his
acquiescence in this minister's death, would gladly have assented to
a bill inflicting the penalty of perpetual banishment; and this,
accompanied, as it ought to have been, by degradation from the rank
for which he had sold his integrity, would surely have exhibited to
Europe an example sufficiently conspicuous of just retribution. Though
nothing perhaps could have restored a tolerable degree of confidence
between Charles and the parliament, it is certain that his resentment
and aversion were much aggravated by the painful compulsion they had
put on him, and that the schism among the constitutional party began
from this, among other causes, to grow more sensible, till it
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