[The History of England from the Accession of James II. by Thomas Babington Macaulay]@TWC D-Link bookThe History of England from the Accession of James II. CHAPTER XXI 86/347
Every argument which can be urged against punishing the soldier who executes the unjust and inhuman orders of his superior is an argument for punishing with the utmost rigour of the law the superior who gives unjust and inhuman orders.
Where there can be no responsibility below, there should be double responsibility above.
What the Parliament of Scotland ought with one voice to have demanded was, not that a poor illiterate serjeant, who was hardly more accountable than his own halbert for the bloody work which he had done, should be hanged in the Grassmarket, but that the real murderer, the most politic, the most eloquent, the most powerful, of Scottish statesmen, should be brought to a public trial, and should, if found guilty, die the death of a felon.
Nothing less than such a sacrifice could expiate such a crime. Unhappily the Estates, by extenuating the guilt of the chief offender, and, at the same time, demanding that his humble agents should be treated with a severity beyond the law, made the stain which the massacre had left on the honour of the nation broader and deeper than before. Nor is it possible to acquit the King of a great breach of duty.
It is, indeed, highly probable that, till he received the report of his Commissioners, he had been very imperfectly informed as to the circumstances of the slaughter.
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