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
terminated in civil war.[184]
But, if we pay such regard to the principles of clemency and
moderation, and of adherence to the fixed rules of law, as to pass
some censure on this deviation from them in the attainder of Lord
Strafford, we must not yield to the clamorous invectives of his
admirers, or treat the prosecution as a scandalous and flagitious
excess of party vengeance. Look round the nations of the globe, and
say in what age or country would such a man have fallen into the hands
of his enemies, without paying the forfeit of his offences against the
commonwealth with his life. They who grasp at arbitrary power, they
who make their fellow-citizens tremble before them, they who gratify a
selfish pride by the humiliation and servitude of mankind, have always
played a deep stake; and the more invidious and intolerable has been
their pre-eminence, their fall has been more destructive, and their
punishment more exemplary. Something beyond the retirement or the
dismissal of such ministers has seemed necessary to "absolve the
gods," and furnish history with an awful lesson of retribution. The
spontaneous instinct of nature has called for the axe and the gibbet
against such capital delinquents. If then we blame, in some measure,
the sentence against Strafford, it is not for his sake, but for that
of the laws on which he trampled, and of the liberty which he
betrayed. He died justly before God and man, though we may deem the
precedent dangerous, and the better course of a magnanimous lenity
unwisely rejected; and in condemning the bill of attainder, we cannot
look upon it as a crime.
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