[The History of England in Three Volumes, Vol.I., Part E. by David Hume]@TWC D-Link bookThe History of England in Three Volumes, Vol.I., Part E. CHAPTER LIV 64/95
559. If Strafford's apology was in the main so satisfactory when he pleaded to each particular article of the charge, his victory was still more decisive when he brought the whole together, and repelled the imputation of treason; the crime which the commons would infer from the full view of his conduct and behavior.
Of all species of guilt, the law of England had with the most scrupulous exactness defined that of treason; because on that side it was found most necessary to protect the subject against the violence of the king and of his ministers.
In the famous statute of Edward III., all the kinds of treason are enumerated; and every other crime, besides such as are there expressly mentioned, is carefully excluded from that appellation.
But with regard to this guilt, "an endeavor to subvert the fundamental laws," the statute of treasons is totally silent: and arbitrarily to introduce it into the fatal catalogue, is itself a subversion of all law; and under color of defending liberty, reverses a statute the best calculated for the security of liberty that had ever been enacted by an English parliament. As this species of treason, discovered by the commons, is entirely new and unknown to the laws, so is the species of proof by which they pretend to fix that guilt upon the prisoner.
They have invented a kind of accumulative or constructive evidence, by which many actions either totally innocent in themselves, or criminal in a much inferior degree, shall, when united, amount to treason, and subject the person to the highest penalties inflicted by the law.
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