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
The Revolution produced, as was natural, some change in the sentiments
of both the great parties. In the days when none but Roundheads and
Nonconformists were accused of treason, even the most humane and upright
Cavaliers were disposed to think that the laws which were the safeguard
of the throne could hardly be too severe. But, as soon as loyal Tory
gentlemen and venerable fathers of the Church were in danger of being
called in question for corresponding with Saint Germains, a new light
flashed on many understandings which had been unable to discover the
smallest injustice in the proceedings against Algernon Sidney and Alice
Lisle. It was no longer thought utterly absurd to maintain that some
advantages which were withheld from a man accused of felony might
reasonably be allowed to a man accused of treason. What probability
was there that any sheriff would pack a jury, that any barrister would
employ all the arts of sophistry and rhetoric, that any judge would
strain law and misrepresent evidence, in order to convict an innocent
person of burglary or sheep stealing? But on a trial for high treason
a verdict of acquittal must always be considered as a defeat of
the government; and there was but too much reason to fear that many
sheriffs, barristers and judges might be impelled by party spirit, or by
some baser motive, to do any thing which might save the government from
the inconvenience and shame of a defeat. The cry of the whole body
of Tories was that the lives of good Englishmen who happened to be
obnoxious to the ruling powers were not sufficiently protected; and
this cry was swelled by the voices of some lawyers who had distinguished
themselves by the malignant zeal and dishonest ingenuity with which they
had conducted State prosecutions in the days of Charles and James.
Public-domain text, read in full here on John Shaqi.
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