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
This decision produced a great sensation, and not without reason. A
question was now raised which might justly excite the anxiety of every
man in the kingdom. That question was whether the highest tribunal,
the tribunal on which, in the last resort, depended the most precious
interests of every English subject, was at liberty to decide judicial
questions on other than judicial grounds, and to withhold from a suitor
what was admitted to be his legal right, on account of the depravity of
his moral character. That the supreme Court of Appeal ought not to
be suffered to exercise arbitrary power, under the forms of ordinary
justice, was strongly felt by the ablest men in the House of Commons,
and by none more strongly than by Somers. With him, and with those
who reasoned like him, were, on this occasion, allied many weak and
hot-headed zealots who still regarded Oates as a public benefactor, and
who imagined that to question the existence of the Popish plot was to
question the truth of the Protestant religion. On the very morning after
the decision of the Peers had been pronounced, keen reflections were
thrown, in the House of Commons, on the justice of their lordships.
Three days later, the subject was brought forward by a Whig Privy
Councillor, Sir Robert Howard, member for Castle Rising. He was one of
the Berkshire branch of his noble family, a branch which enjoyed, in
that age, the unenviable distinction of being wonderfully fertile of
bad rhymers. The poetry of the Berkshire Howards was the jest of three
generations of satirists. The mirth began with the first representation
of the Rehearsal, and continued down to the last edition of the Dunciad,
[397] But Sir Robert, in spite of his bad verses, and of some foibles
and vanities which had caused him to be brought on the stage under the
name of Sir Positive Atall, had in parliament the weight which a stanch
party man, of ample fortune, of illustrious name, of ready utterance,
and of resolute spirit, can scarcely fail to possess, [398] When he rose
to call the attention of the Commons to the case of Oates, some Tories,
animated by the same passions which had prevailed in the other House,
received him with loud hisses. In spite of this most unparliamentary
insult, he persevered; and it soon appeared that the majority was with
him. Some orators extolled the patriotism and courage of Oates: others
dwelt much on a prevailing rumour, that the solicitors who were employed
against him on behalf of the Crown had distributed large sums of money
among the jurymen. These were topics on which there was much difference
of opinion. But that the sentence was illegal was a proposition which
admitted of no dispute. The most eminent lawyers in the House of Commons
declared that, on this point, they entirely concurred in the opinion
given by the judges in the House of Lords. Those who had hissed when
the subject was introduced, were so effectually cowed that they did
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