Critical and Historical Essays — Volume 1 — John Shaqi
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
If there be any universal objection to retrospective punishment, there
is no more to be said. But such is not the opinion of Mr. Hallam. He
approves of the mode of proceeding. He thinks that a punishment, not
previously affixed by law to the offences of Strafford, should have
been inflicted; that Strafford should have been, by act of Parliament,
degraded from his rank, and condemned to perpetual banishment. Our
difficulty would have been at the first step, and there only. Indeed
we can scarcely conceive that any case which does not call for capital
punishment can call for punishment by a retrospective act. We can
scarcely conceive a man so wicked and so dangerous that the whole course
of law must be disturbed in order to reach him, yet not so wicked as to
deserve the severest sentence, nor so dangerous as to require the last
and surest custody, that of the grave. If we had thought that Strafford
might be safely suffered to live in France, we should have thought it
better that he should continue to live in England, than that he should
be exiled by a special act. As to degradation, it was not the Earl, but
the general and the statesman, whom the people had to fear. Essex said,
on that occasion, with more truth than elegance, “Stone dead hath no
fellow.” And often during the civil wars the Parliament had reason to
rejoice that an irreversible law and an impassable barrier protected
them from the valour and capacity of Wentworth.
It is remarkable that neither Hyde nor Falkland voted against the bill
of attainder. There is, indeed, reason to believe that Falkland spoke in
favour of it. In one respect, as Mr. Hallam has observed, the proceeding
was honourably distinguished from others of the same kind. An act was
passed to relieve the children of Strafford from the forfeiture and
corruption of blood which were the legal consequences of the sentence.
The Crown had never shown equal generosity in a case of treason. The
liberal conduct of the Commons has been fully and most appropriately
repaid. The House of Wentworth has since that time been as much
distinguished by public spirit as by power and splendour, and may at
the present moment boast of members with whom Say and Hampden would have
been proud to act.
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