Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
The House of Lords, who, having a power to examine upon oath, are
supposed to sift the truth in such enquiries better than the Commons,
were not remiss in endeavouring to bring the instruments of Stuart
tyranny to justice. Besides the committee appointed on the very second
day of the convention, 23 Jan. 1689, to investigate the supposed
circumstances of suspicion as to the death of Lord Essex (a committee
renewed afterwards, and formed of persons by no means likely to have
abandoned any path that might lead to the detection of guilt in the
late king), another was appointed in the second session of the same
parliament (Lords' Journals, 2nd Nov. 1689) "to consider who were the
advisers and prosecutors of the _murders_ of Lord Russell, Col.
Sidney, Armstrong, Cornish, etc., and who were the advisers of issuing
out writs of _quo warrantos_ against corporations, and who were their
regulators, and also who were the public assertors of the dispensing
power." The examinations taken before this committee are printed in
the Lords' Journals, 20th Dec. 1699; and there certainly does not
appear any want of zeal to convict the guilty. But neither the law nor
the proofs would serve them. They could establish nothing against
Dudley North, the tory sheriff of 1683, except that he had named Lord
Russell's panel himself; which, though irregular and doubtless
ill-designed, had unluckily a precedent in the conduct of the famous
whig sheriff, Slingsby Bethell; a man who, like North, though on the
opposite side, cared more for his party than for decency and justice.
Lord Halifax was a good deal hurt in character by this report; and
never made a considerable figure afterwards. Burnet, 34. His
mortification led him to engage in an intrigue with the late king,
which was discovered; yet, I suspect that, with his usual versatility,
he again abandoned that cause before his death. Ralph, 467. The act of
grace (2 W. & M. c. 10) contained a small number of exceptions, too
many indeed for its name; but probably there would have been
difficulty in prevailing on the houses to pass it generally; and no
one was ever molested afterwards on account of his conduct before the
revolution.
[166] _Parl. Hist._ 508 _et post_; Journals, 2nd and 10th Jan. 1689,
1690. Burnet's account is confused and inaccurate, as is very commonly
the case: he trusted, I believe, almost entirely to his memory. Ralph
and Somerville are scarce ever candid towards the whigs in this reign.
[167] _Parl. Hist._ 150.
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