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
Mr. Hallam decidedly condemns the execution of Charles; and in all that
he says on that subject we heartily agree. We fully concur with him in
thinking that a great social schism, such as the civil war, is not to be
confounded with an ordinary treason, and that the vanquished ought to be
treated according to the rules, not of municipal, but of international
law. In this case the distinction is of the less importance, because
both international and municipal law were in favour of Charles. He was a
prisoner of war by the former, a King by the latter. By neither was he a
traitor. If he had been successful, and had put his leading opponents to
death, he would have deserved severe censure; and this without reference
to the justice or injustice of his cause. Yet the opponents of Charles,
it must be admitted, were technically guilty of treason. He might have
sent them to the scaffold without violating any established principle
of jurisprudence. He would not have been compelled to overturn the whole
constitution in order to reach them. Here his own case differed widely
from theirs. Not only was his condemnation in itself a measure which
only the strongest necessity could vindicate; but it could not be
procured without taking several previous steps, every one of which would
have required the strongest necessity to vindicate it. It could not be
procured without dissolving the Government by military force, without
establishing precedents of the most dangerous description, without
creating difficulties which the next ten years were spent in removing,
without pulling down institutions which it soon became necessary to
reconstruct, and setting up others which almost every man was soon
impatient to destroy. It was necessary to strike the House of Lords
out of the constitution, to exclude members of the House of Commons by
force, to make a new crime, a new tribunal, a new mode of procedure.
The whole legislative and judicial systems were trampled down for
the purpose of taking a single head. Not only those parts of the
constitution which the republicans were desirous to destroy, but those
which they wished to retain and exalt, were deeply injured by these
transactions. High Courts of justice began to usurp the functions of
juries. The remaining delegates of the people were soon driven from
their seats by the same military violence which had enabled them to
exclude their colleagues.
If Charles had been the last of his line, there would have been an
intelligible reason for putting him to death. But the blow which
terminated his life at once transferred the allegiance of every Royalist
to an heir, and an heir who was at liberty. To kill the individual was,
under such circumstances, not to destroy, but to release the King.
Public-domain text, read in full here on John Shaqi.
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