Critical and Historical Essays — Volume 1Macaulay, Thomas Babington Macaulay, Baron
History
Critical and Historical Essays — Volume 1
Macaulay, Thomas Babington Macaulay, Baron
English literature -- History and criticism; Great Britain -- History
Did then the articles against Strafford strictly amount to high treason?
Many people, who know neither what the articles were, nor what high
treason is, will answer in the negative, simply because the accused
person, speaking for his life, took that ground of defence. The journals
of the Lords show that the judges were consulted. They answered, with
one accord, that the articles on which the earl was convicted amounted
to high treason. This judicial opinion, even if we suppose it to
have been erroneous, goes far to justify the Parliament. The judgment
pronounced in the Exchequer Chamber has always been urged by the
apologists of Charles in defence of his conduct respecting ship-money.
Yet on that occasion there was but a bare majority in favour of the
party at whose pleasure all the magistrates composing the tribunal were
removable. The decision in the case of Strafford was unanimous; as far
as we can judge, it was unbiassed; and, though there may be room for
hesitation, we think, on the whole, that it was reasonable. “It may
be remarked,” says Mr. Hallam, “that the fifteenth article of the
impeachment, charging Strafford with raising money by his own authority,
and quartering troops on the people of Ireland, in order to compel their
obedience to his unlawful requisitions, upon which, and upon one other
article, not upon the whole matter, the Peers voted him guilty, does,
at least, approach very nearly, if we may not say more, to a substantive
treason within the statute of Edward the Third, as a levying of war
against the King.” This most sound and just exposition has provoked
a very ridiculous reply. “It should seem to be an Irish construction
this,” says, an assailant of Mr. Hallam, “which makes the raising money
for the King’s service, with his knowledge, and by his approbation, to
come under the head of levying war on the King, and therefore to be high
treason.” Now, people who undertake to write on points of constitutional
law should know, what every attorney’s clerk and every forward schoolboy
on an upper form knows, that, by a fundamental maxim of our polity, the
King can do no wrong; that every court is bound to suppose his conduct
and his sentiments to be, on every occasion, such as they ought to be;
and that no evidence can be received for the purpose of setting aside
this loyal and salutary presumption. The Lords therefore, were bound to
take it for granted that the King considered arms which were unlawfully
directed against his people as directed against his own throne.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account