n that of an hereditary king; the most memorable
and salutary improvements in the laws, the most abandoned administration
of them; in fine, whatever can happen to a nation, whether of glorious of
calamitous, makes a part of this astonishing and instructive picture.
The commencement of this period is marked by exertions of the people,
through their representatives in the House of Commons, not only
justifiable in their principle, but directed to the properest objects,
and in a manner the most judicious. Many of their leaders were greatly
versed in ancient as well as modern learning, and were even
enthusiastically attached to the great names of antiquity; but they never
conceived the wild project of assimilating the government of England to
that of Athens, of Sparta, or of Rome. They were content with applying
to the English constitution, and to the English laws, the spirit of
liberty which had animated and rendered illustrious the ancient
republics. Their first object was to obtain redress of past grievances,
with a proper regard to the individuals who had suffered; the next, to
prevent the recurrence of such grievances by the abolition of tyrannical
tribunals acting upon arbitrary maxims in criminal proceedings, and most
improperly denominated courts of justice. They then proceeded to
establish that fundamental principle of all free government, the
preserving of the purse to the people and their representatives. And
though there may be more difference of opinion upon their proposed
regulations in regard to the militia, yet surely, when a contest was to
be foreseen, they could not, consistently with prudence, leave the power
of the sword altogether in the hands of an adverse party.
The prosecution of Lord Strafford, or rather, the manner in which it was
carried on, is less justifiable. He was, doubtless, a great delinquent,
and well deserved the severest punishment; but nothing short of a clearly
proved case of self-defence can justify, or even excuse, a departure from
the sacred rules of criminal justice. For it can rarely indeed happen
that the mischief to be apprehended from suffering any criminal, however
guilty, to escape, can be equal to that resulting from the violation of
those rules to which the innocent owe the security of all that is dear to
them. If such cases have existed they must have been in instances where
trial has been wholly out of the question, as in that of Caesar and other
tyrants; but whe
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