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
"Is it reasonable, you ask, that you should be tried for your lives
before a few members of your House, selected by the Crown? Is it
reasonable, we ask in our turn, that you should have the privilege of
being tried by all the members of your House, that is to say, by your
brothers, your uncles, your first cousins, your second cousins, your
fathers in law, your brothers in law, your most intimate friends? You
marry so much into each other's families, you live so much in each
other's society, that there is scarcely a nobleman who is not connected
by consanguinity or affinity with several others, and who is not on
terms of friendship with several more. There have been great men
whose death put a third or fourth part of the baronage of England into
mourning. Nor is there much danger that even those peers who may be
unconnected with an accused lord will be disposed to send him to the
block if they can with decency say 'Not Guilty, upon my honour.' For
the ignominious death of a single member of a small aristocratical body
necessarily leaves a stain on the reputation of his fellows. If, indeed,
your Lordships proposed that every one of your body should be compelled
to attend and vote, the Crown might have some chance of obtaining
justice against a guilty peer, however strongly connected. But you
propose that attendance shall be voluntary. Is it possible to doubt what
the consequence will be? All the prisoner's relations and friends will
be in their places to vote for him. Good nature and the fear of making
powerful enemies will keep away many who, if they voted at all, would
be forced by conscience and honour to vote against him. The new system
which you propose would therefore evidently be unfair to the Crown; and
you do not show any reason for believing that the old system has been
found in practice unfair to yourselves. We may confidently affirm that,
even under a government less just and merciful than that under which we
have the happiness to live, an innocent peer has little to fear from
any set of peers that can be brought together in Westminster Hall to
try him. How stands the fact? In what single case has a guiltless head
fallen by the verdict of this packed jury? It would be easy to make out
a long list of squires, merchants, lawyers, surgeons, yeomen, artisans,
ploughmen, whose blood, barbarously shed during the late evil times,
cries for vengeance to heaven. But what single member of your House,
in our days, or in the days of our fathers, or in the days of our
grandfathers, suffered death unjustly by sentence of the Court of
the Lord High Steward? Hundreds of the common people were sent to
the gallows by common juries for the Rye House Plot and the Western
Insurrection. One peer, and one alone, my Lord Delamere, was brought
at that time before the Court of the Lord High Steward; and he was
acquitted. But, it is said, the evidence against him was legally
insufficient. Be it so. So was the evidence against Sidney, against
Public-domain text, read in full here on John Shaqi.
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