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
not venture to demand a division; and a bill annulling the sentence was
brought in, without any opposition, [399]
The Lords were in an embarrassing situation. To retract was not
pleasant. To engage in a contest with the Lower House, on a question on
which that House was clearly in the right, and was backed at once by the
opinions of the sages of the law, and by the passions of the populace,
might be dangerous. It was thought expedient to take a middle course. An
address was presented to the King, requesting him to pardon Oates, [400]
But this concession only made bad worse. Titus had, like every other
human being, a right to justice: but he was not a proper object of
mercy. If the judgment against him was illegal, it ought to have been
reversed. If it was legal, there was no ground for remitting any part of
it. The Commons, very properly, persisted, passed their bill, and sent
it up to the Peers. Of this bill the only objectionable part was the
preamble, which asserted, not only that the judgment was illegal, a
proposition which appeared on the face of the record to be true, but
also that the verdict was corrupt, a proposition which, whether true or
false, was not proved by any evidence at all.
The Lords were in a great strait. They knew that they were in the wrong.
Yet they were determined not to proclaim, in their legislative capacity,
that they had, in their judicial capacity, been guilty of injustice.
They again tried a middle course. The preamble was softened down: a
clause was added which provided that Oates should still remain incapable
of being a witness; and the bill thus altered was returned to the
Commons.
The Commons were not satisfied. They rejected the amendments,
and demanded a free conference. Two eminent Tories, Rochester and
Nottingham, took their seats in the Painted Chamber as managers for the
Lords. With them was joined Burnet, whose well known hatred of Popery
was likely to give weight to what he might say on such an occasion.
Somers was the chief orator on the other side; and to his pen we owe a
singularly lucid and interesting abstract of the debate.
Public-domain text, read in full here on John Shaqi.
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