The History of England, from the Accession of James II — Volume 4Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 4
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
public, who was ignorant of the legal definition of treason and of the
first principles of the law of evidence, and whose intellect, unequal
at best to a fencing match with professional gladiators, was confused by
the near prospect of a cruel and ignominious death? Such however was the
rule; and even for a man so much stupefied by sickness that he could not
hold up his hand or make his voice heard, even for a poor old woman who
understood nothing of what was passing except that she was going to be
roasted alive for doing an act of charity, no advocate was suffered to
utter a word. That a state trial so conducted was little better than a
judicial murder had been, during the proscription of the Whig party, a
fundamental article of the Whig creed. The Tories, on the other
hand, though they could not deny that there had been some hard cases,
maintained that, on the whole, substantial justice had been done.
Perhaps a few seditious persons who had gone very near to the frontier
of treason, but had not actually passed that frontier, might have
suffered as traitors. But was that a sufficient reason for enabling the
chiefs of the Rye House Plot and of the Western Insurrection to elude,
by mere chicanery, the punishment of their guilt? On what principle
was the traitor to have chances of escape which were not allowed to the
felon? The culprit who was accused of larceny was subject to all the
same disadvantages which, in the case of regicides and rebels, were
thought so unjust; ye nobody pitied him. Nobody thought it monstrous
that he should not have time to study a copy of his indictment, that his
witnesses should be examined without being sworn, that he should be
left to defend himself, without the help of counsel against the best
abilities which the Inns of Court could furnish. The Whigs, it seemed,
reserved all their compassion for those crimes which subvert government
and dissolve the whole frame of human society. Guy Faux was to be
treated with an indulgence which was not to be extended to a shoplifter.
Bradshaw was to have privileges which were refused to a boy who had
robbed a henroost.
Public-domain text, read in full here on John Shaqi.
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