Page:History of England (Macaulay) Vol 1.djvu/527

 the news from the West. At five in the morning of Saturday the thirteenth of June, the King had received the letter which the Mayor of Lyme had despatched from Honiton. The Privy Council was instantly called together. Orders were given that the strength of every company of infantry and of every troop of cavalry should be increased. Commissions were issued for the levying of new regiments.

Alford's communication was laid before the Lords; and its substance was communicated to the Commons by a message. The Commons examined the couriers who had arrived from the West, and instantly ordered a bill to be brought in for attainting Monmouth of high treason. Addresses were voted assuring the King that both his peers and his people were determined to stand by him with life and fortune against all his enemies. At the next meeting of the Houses they ordered the Declaration of the rebels to be burned by the hangman, and passed the bill of attainder through all its stages. That bill received the royal assent on the same day; and a reward of five thousand pounds was promised for the apprehension of Monmouth.

The fact that Monmouth was in arms against the government was so notorious that the bill of attainder became a law with only a faint show of opposition from one or two peers, and has seldom been severely censured even by Whig historians. Yet, when we consider how important it is that legislative and judicial functions should be kept distinct, how important it is that common fame, however strong and general, should not be received as a legal proof of guilt, how important it is to maintain the rule that no man shall be condemned to death without an opportunity of defending himself, and how easily and speedily breaches in great principles, when once made, are widened, we shall probably be disposed to think that the course taken by the Parliament was open to some objection. Neither House had before it anything which even so corrupt a judge as Jeffreys could have directed a jury to consider as proof of Monmouth's crime. The messengers examined by the Commons were not on