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 Lower House rejected the amendment;
the Upper House persisted; a free conference was held; and the question
was argued with great force and ingenuity on both sides.
The reasons in favour of the amendment are obvious, and indeed at first
sight seem unanswerable. It was surely difficult to defend a system
under which the Sovereign nominated a conclave of his own creatures to
decide the fate of men whom he regarded as his mortal enemies. And could
any thing be more absurd than that a nobleman accused of high treason
should be entitled to be tried by the whole body of his peers if his
indictment happened to be brought into the House of Lords the minute
before a prorogation, but that, if the indictment arrived a minute after
the prorogation, he should be at the mercy of a small junto named by the
very authority which prosecuted him? That any thing could have been said
on the other side seems strange; but those who managed the conference
for the Commons were not ordinary men, and seem on this occasion to have
put forth all their powers. Conspicuous among them was Charles Montague,
who was rapidly attaining a foremost rank among the orators of that age.
To him the lead seems on this occasion to have been left; and to his pen
we owe an account of the discussion, which gives a very high notion
of his talents for debate. "We have framed"--such was in substance his
reasoning,--"we have framed a law which has in it nothing exclusive,
a law which will be a blessing to every class, from the highest to
the lowest. The new securities, which we propose to give to innocence
oppressed by power, are common between the premier peer and the humblest
day labourer. The clause which establishes a time of limitation for
prosecutions protects us all alike. To every Englishman accused of
the highest crime against the state, whatever be his rank, we give the
privilege of seeing his indictment, the privilege of being defended
by counsel, the privilege of having his witnesses summoned by writ of
subpoena and sworn on the Holy Gospels. Such is the bill which we sent
up to your Lordships; and you return it to us with a clause of which the
effect is to give certain advantages to your noble order at the expense
of the ancient prerogatives of the Crown. Surely before we consent to
take away from the King any power which his predecessors have possessed
for ages, and to give it to your Lordships, we ought to be satisfied
that you are more likely to use it well than he. Something we must risk;
somebody we must trust; and; since we are forced, much against our will,
to institute what is necessarily an invidious comparison, we must own
ourselves unable to discover any reason for believing that a prince is
less to be trusted than an aristocracy.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account