The History of England, from the Accession of James II — Volume 3Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 3
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
In a few weeks he brought his sentence before the House of Lords by a
writ of error. This is a species of appeal which raises no question of
fact. The Lords, while sitting judicially on the writ of error, were not
competent to examine whether the verdict which pronounced Gates guilty
was or was not according to the evidence. All that they had to consider
was whether, the verdict being supposed to be according to the evidence,
the judgment was legal. But it would have been difficult even for a
tribunal composed of veteran magistrates, and was almost impossible for
an assembly of noblemen who were all strongly biassed on one side or
on the other, and among whom there was at that time not a single person
whose mind had been disciplined by the study of jurisprudence, to
look steadily at the mere point of law, abstracted from the special
circumstances of the case. In the view of one party, a party which even
among the Whig peers was probably a minority, the appellant was a
man who had rendered inestimable services to the cause of liberty and
religion, and who had been requited by long confinement, by degrading
exposure, and by torture not to be thought of without a shudder. The
majority of the House more justly regarded him as the falsest, the most
malignant and the most impudent being that had ever disgraced the human
form. The sight of that brazen forehead, the accents of that lying
tongue, deprived them of all mastery over themselves. Many of them
doubtless remembered with shame and remorse that they had been his
dupes, and that, on the very last occasion on which he had stood before
them, he had by perjury induced them to shed the blood of one of
their own illustrious order. It was not to be expected that a crowd of
gentlemen under the influence of feelings like these would act with
the cold impartiality of a court of justice. Before they came to any
decision on the legal question which Titus had brought before them,
they picked a succession of quarrels with him. He had published a paper
magnifying his merits and his sufferings. The Lords found out some
pretence for calling this publication a breach of privilege, and sent
him to the Marshalsea. He petitioned to be released; but an objection
was raised to his petition. He had described himself as a Doctor of
Divinity; and their lordships refused to acknowledge him as such. He was
brought to their bar, and asked where he had graduated. He answered, "At
the university of Salamanca." This was no new instance of his mendacity
and effrontery. His Salamanca degree had been, during many years, a
favourite theme of all the Tory satirists from Dryden downwards; and
even on the Continent the Salamanca Doctor was a nickname in ordinary
use, [394] The Lords, in their hatred of Oates, so far forgot their own
dignity as to treat this ridiculous matter seriously. They ordered him
to efface from his petition the words, "Doctor of Divinity." He replied
Public-domain text, read in full here on John Shaqi.
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