Critical and Historical Essays — Volume 1 by Baron Thomas Babington Macaulay Macaulay
page 48 of 1006 (04%)
page 48 of 1006 (04%)
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evident to every impartial observer, that, in the midst of
professions, oaths, and smiles, the tyrant was constantly looking forward to an absolute sway, and to a bloody revenge. The advocates of Charles have very dexterously contrived to conceal from their readers the real nature of this transaction. By making concessions apparently candid and ample, they elude the great accusation. They allow that the measure was weak and even frantic, an absurd caprice of Lord Digby, absurdly adopted by the King. And thus they save their client from the full penalty of his transgression, by entering a plea of guilty to the minor offence. To us his conduct appears at this day as at the time it appeared to the Parliament and the city. We think it by no means so foolish as it pleases his friends to represent it, and far more wicked. In the first place, the transaction was illegal from beginning to end. The impeachment was illegal. The process was illegal. The service was illegal. If Charles wished to prosecute the five members for treason, a bill against them should have been sent to a grand jury. That a commoner cannot be tried for high treason by the Lords at the suit of the Crown, is part of the very alphabet of our law. That no man can be arrested by the King in person is equally clear. This was an established maxim of our jurisprudence even in the time of Edward the Fourth. "A subject," said Chief Justice Markham to that Prince, "may arrest for treason: the King cannot; for, if the arrest be illegal, the party has no remedy against the King." The time at which Charles took his step also deserves |
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