Critical, Historical, and Miscellaneous Essays; Vol. 3: With a Memoir and IndexMacaulay, Thomas Babington Macaulay, Baron
History
Critical, Historical, and Miscellaneous Essays; Vol. 3: With a Memoir and Index
Macaulay, Thomas Babington Macaulay, Baron
English literature -- History and criticism; Great Britain -- History
From this terrible evil the Revolution set us free. The law which
secured to the judges them seats during life or good behaviour did
something. The law subsequently passed for regulating trials in cases
of treason did much more. The provisions of that law show, indeed, very
little legislative skill. It is not framed on the principle of securing
the innocent, but on the principle of giving a great chance of escape to
the accused, whether innocent or guilty. This, however, is decidedly a
fault on the right side. The evil produced by the occasional escape of
a bad citizen is not to be compared with the evils of that Reign of
Terror, for such it was, which preceded the Revolution. Since the
passing of this law scarcely one single person has suffered death
in England as a traitor, who had not been convicted on overwhelming
evidence, to the satisfaction of all parties, of the highest crime
against the State. Attempts have been made in times of great excitement,
to bring in persons guilty of high treason for acts which, though
sometimes highly blamable, did {329}not necessarily imply a design
falling within the legal definition of treason. All those attempts have
failed. During a hundred and forty years no statesman, while engaged in
constitutional opposition to a government, has had the axe before his
eyes. The smallest minorities, struggling against the most powerful
majorities, in the most agitated times, have felt themselves perfectly
secure. Pulteney and Fox were the two most distinguished leaders of
Opposition since the Revolution. Both were personally obnoxious to the
Court. But the utmost harm that the utmost anger of the Court could
do to them was to strike off the “Right Honourable” from before their
names.
But of all the reforms produced by the Revolution, perhaps the most
important was the full establishment of the liberty of unlicensed
printing. The Censorship which, under some form or other, had existed,
with rare and short intermissions, under every government, monarchical
or republican, from the time of Henry the Eighth downwards, expired, and
has never since been renewed.
Public-domain text, read in full here on John Shaqi.
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