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
While the inquiry into the conduct of the war was pending, the Commons
resumed the consideration of an important subject which had occupied
much of their attention in the preceding year. The Bill for the
Regulation of Trials in cases of High Treason was again brought in, but
was strongly opposed by the official men, both Whigs and Tories. Somers,
now Attorney General, strongly recommended delay. That the law, as
it stood, was open to grave objections, was not denied; but it was
contended that the proposed reform would, at that moment, produce more
harm than good. Nobody would assert that, under the existing government,
the lives of innocent subjects were in any danger. Nobody would deny
that the government itself was in great danger. Was it the part of wise
men to increase the perils of that which was already in serious peril
for the purpose of giving new security to that which was already
perfectly secure? Those who held this language were twitted with their
inconsistency, and asked why they had not ventured to oppose the bill
in the preceding session. They answered very plausibly that the events
which had taken place during the recess had taught an important lesson
to all who were capable of learning. The country had been threatened at
once with invasion and insurrection. No rational man doubted that many
traitors had made preparations for joining the French, and had collected
arms, ammunition and horses for that purpose. Yet, though there was
abundant moral evidence against these enemies of their country, it had
not been possible to find legal evidence against a single one of them.
The law of treason might, in theory, be harsh, and had undoubtedly, in
times past, been grossly abused. But a statesman who troubled himself
less about theory than about practice, and less about times past than
about the time present, would pronounce that law not too stringent but
too lax, and would, while the commonwealth remained in extreme jeopardy,
refuse to consent to any further relaxation. In spite of all opposition,
however, the principle of the bill was approved by one hundred and
seventy-one votes to one hundred and fifty-two. But in the committee it
was moved and carried that the new rules of procedure should not come
into operation till after the end of the war with France. When the
report was brought up the House divided on this amendment, and ratified
it by a hundred and forty-five votes to a hundred and twenty-five. The
bill was consequently suffered to drop. [357] Had it gone up to the
Peers it would in all probability have been lost after causing another
quarrel between the Houses. For the Peers were fully determined that
no such bill should pass, unless it contained a clause altering the
constitution of the Lord High Steward's Court; and a clause altering
the constitution of the Lord High Steward's Court would have been less
likely than ever to find favour with the Commons. For in the course of
Public-domain text, read in full here on John Shaqi.
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