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
The advocates of Charles have very dexterously contrived to conceal from
their readers the real nature of this transaction. By making concessions
apparently candid and ample, they elude the great accusation. They allow
that the measure was weak and even frantic, an absurd caprice of Lord
Digby, absurdly adopted by the King. And thus they save their client
from the full penalty of his transgression, by entering a plea of guilty
to the minor offence. To us his conduct appears at this day as at the
time it appeared to the Parliament and the city. We think it by no
means so foolish as it pleases his friends to represent it, and far more
wicked.
In the first place, the transaction was illegal from beginning to end.
The impeachment was illegal. The process was illegal. The service was
illegal. If Charles wished to prosecute the five members for treason, a
bill against them should have been sent to a grand jury. That a commoner
cannot be tried for high treason by the Lords at the suit of the Crown,
is part of the very alphabet of our law. That no man can be arrested by
the King in person is equally clear. This was an established maxim of
our jurisprudence even in the time of Edward the Fourth. “A subject,”
said Chief Justice Markham to that Prince, “may arrest for treason:
the King cannot; for, if the arrest be illegal, the party has no remedy
against the King.”
The time at which Charles took his step also deserves consideration. We
have already said that the ardour which the Parliament had displayed at
the time of its first meeting had considerably abated, that the leading
opponents of the court were desponding, and that their followers were in
general inclined to milder and more temperate measures than those which
had hitherto been pursued. In every country, and in none more than
in England, there is a disposition to take the part of those who are
unmercifully run down, and who seem destitute of all means of defence.
Every man who has observed the ebb and flow of public feeling in our own
time will easily recall examples to illustrate this remark. An English
statesman ought to pay assiduous worship to Nemesis, to be most
apprehensive of ruin when he is at the height of power and popularity,
and to dread his enemy most when most completely prostrated. The fate of
the Coalition Ministry in 1784 is perhaps the strongest instance in
our history of the operation of this principle. A few weeks turned
the ablest and most extended Ministry that ever existed into a feeble
Opposition, and raised a King who was talking of retiring to Hanover to
a height of power which none of his predecessors had enjoyed since the
Revolution. A crisis of this description was evidently approaching in
1642. At such a crisis, a Prince of a really honest and generous nature,
who had erred, who had seen his error, who had regretted the lost
affections of his people, who rejoiced in the dawning hope of regaining
them, would be peculiarly careful to take no step which could give
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