prisoner at any bar daily committed on the bench and
in the jury-box. The worst of the bad acts which
brought discredit on the old parliaments of France,
the condemnation of Lally, for example, or even that
of Calas, may seem praiseworthy when compared with
the atrocities which follow each other in endless
succession as we turn over that huge chronicle of
the shame of England. The magistrates of Paris
and Toulouse were blinded by prejudice, passion, or
bigotry. But the abandoned judges of our own country
committed murder with their eyes open. The cause
of this is plain. In France there was no constitutional
opposition. If a man held language offensive
to the Government, he was at once sent to the Bastile
or to Vincennes. But in England, at least after
the days of the Long Parliament, the King could not,
by a mere act of his prerogative, rid himself of a
troublesome politician. He was forced to remove
those who thwarted him by means of perjured witnesses,
packed juries, and corrupt, hardhearted, browbeating
judges. The Opposition naturally retaliated whenever
they had the upper hand. Every time that the
power passed from one party to the other, there was
a proscription and a massacre, thinly disguised under
the forms of judicial procedure. The tribunals
ought to be sacred places of refuge, where, in all
the vicissitudes of public affairs, the innocent of
all parties may find shelter. They were, before
the Revolution, an unclean public shambles, to which
each party in its turn dragged its opponents, and
where each found the same venal and ferocious butchers
waiting for its custom. Papist or Protestant,
Tory or Whig, Priest or Alderman, all was one to those
greedy and savage natures, provided only there was
money to earn, and blood to shed.
Of course, these worthless judges soon created around
them, as was natural, a breed of informers more wicked,
if possible, than themselves. The trial by jury
afforded little or no protection to the innocent.
The juries were nominated by the sheriffs. The
sheriffs were in most parts of England nominated by
the Crown. In London, the great scene of political
contention, those officers were chosen by the people.
The fiercest parliamentary election of our time will
give but a faint notion of the storm which raged in
the city on the day when two infuriated parties, each
bearing its badge, met to select the men in whose
hands were to be the issues of life and death for
the coming year. On that day, nobles of the highest
descent did not think it beneath them to canvass and
marshal the livery, to head the procession, and to
watch the poll. On that day, the great chiefs
of parties waited in an agony of suspense for the
messenger who was to bring from Guildhall the news
whether their lives and estates were, for the next
twelve months, to be at the mercy of a friend or of
a foe. In 1681, Whig sheriffs were chosen; and
Shaftesbury defied the whole power of the Government.
In 1682 the sheriffs were Tories. Shaftesbury
fled to Holland. The other chiefs of the party
broke up their councils, and retired in haste to their
country seats. Sydney on the scaffold told those
sheriffs that his blood was on their heads. Neither
of them could deny the charge; and one of them wept
with shame and remorse.