Book-bot.com - read famous books online for free

Critical and Historical Essays — Volume 1 by Baron Thomas Babington Macaulay Macaulay
page 48 of 1006 (04%)
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
DigitalOcean Referral Badge