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 feeling of the Whigs, though it had not, like the feeling of the
Tories, undergone a complete change, was yet not quite what it had been.
Some, who had thought it most unjust that Russell should have no counsel
and that Cornish should have no copy of his indictment, now began to
mutter that the times had changed; that the dangers of the State were
extreme; that liberty, property, religion, national independence, were
all at stake; that many Englishmen were engaged in schemes of which the
object was to make England the slave of France and of Rome; and that
it would be most unwise to relax, at such a moment, the laws against
political offences. It was true that the injustice with which, in the
late reigns, State trials had been conducted, had given great scandal.
But this injustice was to be ascribed to the bad kings and bad judges
with whom the nation had been cursed. William was now on the throne;
Holt was seated for life on the bench; and William would never exact,
nor would Holt ever perform, services so shameful and wicked as those
for which the banished tyrant had rewarded Jeffreys with riches and
titles. This language however was at first held but by few. The Whigs,
as a party, seem to have felt that they could not honourably defend, in
the season of their prosperity, what, in the time of their adversity,
they had always designated as a crying grievance. A bill for regulating
trials in cases of high treason was brought into the House of Commons,
and was received with general applause. Treby had the courage to make
some objections; but no division took place. The chief enactments were
that no person should be convicted of high treason committed more than
three years before the indictment was found; that every person indicted
for high treason should be allowed to avail himself of the assistance of
counsel, and should be furnished, ten days before the trial, with a copy
of the indictment, and with a list of the freeholders from among whom
the jury was to be taken; that his witnesses should be sworn, and that
they should be cited by the same process by which the attendance of the
witnesses against him was secured.
Public-domain text, read in full here on John Shaqi.
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