The History of England, from the Accession of James II — Volume 2Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 2
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
Meanwhile the Lord President was brought in a sedan chair through the
hall. Not a hat moved as he passed; and many voices cried out "Popish
dog." He came into Court pale and trembling, with eyes fixed on the
ground, and gave his evidence in a faltering voice. He swore that the
Bishops had informed him of their intention to present a petition to
the King, and that they had been admitted into the royal closet for that
purpose. This circumstance, coupled with the circumstance that, after
they left the closet, there was in the King's hands a petition signed by
them, was such proof as might reasonably satisfy a jury of the fact of
the publication.
Publication in Middlesex was then proved. But was the paper thus
published a false, malicious, and seditious libel? Hitherto the matter
in dispute had been whether a fact which everybody well knew to be true
could be proved according to technical rules of evidence; but now the
contest became one of deeper interest. It was necessary to inquire into
the limits of prerogative and liberty, into the right of the King to
dispense with statutes, into the right of the subject to petition
for the redress of grievances. During three hours the counsel for
the petitioners argued with great force in defence of the fundamental
principles of the constitution, and proved from the journals of the
House of Commons that the Bishops had affirmed no more than the truth
when they represented to the King that the dispensing power which he
claimed had been repeatedly declared illegal by Parliament. Somers rose
last. He spoke little more than five minutes; but every word was full of
weighty matter; and when he sate down his reputation as an orator and a
constitutional lawyer was established. He went through the expressions
which were used in the information to describe the offence imputed
to the Bishops, and showed that every word, whether adjective or
substantive, was altogether inappropriate. The offence imputed was a
false, a malicious, a seditious libel. False the paper was not; for
every fact which it set forth had been proved from the journals of
Parliament to be true. Malicious the paper was not; for the defendants
had not sought an occasion of strife, but had been placed by the
government in such a situation that they must either oppose themselves
to the royal will, or violate the most sacred obligations of conscience
and honour. Seditious the paper was not; for it had not been scattered
by the writers among the rabble, but delivered privately into the hands
of the King alone: and a libel it was not, but a decent petition such
as, by the laws of England, nay, by the laws of imperial Rome, by the
laws of all civilised states, a subject who thinks himself aggrieved may
with propriety present to the sovereign.
Public-domain text, read in full here on John Shaqi.
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