Page:The Green Bag (1889–1914), Volume 16.pdf/66

 The Judicial History of Individual Liberty. wise men look for." In tracing the develop ment of this great consummation in Eng land the subject naturally falls into three divi sions. During the first period, from Tudor times to the Revolution of 1688, treason was applied alike to enmity and to criticism.

dom of expression. The second period ex tends from the Revolution of 1688 to the out break of the French Revolution, which was contemporary with the establishment of the Constitution of the United States. With the overthrow of the Stuarts there came an im-

CARDINAL WOLSEV

Whether by impeachment, by trial through legal forms, or by summary act of attainder, the penalty of disfavor was death. As long as the royal censorship of the press existed there could obviously be no occasion for the discussion of the doctrine and limits of free-

mediate change in the spirit of the adminis tration of the criminal law. Good judges succeeded bad ones, and the barbarities of trial procedure were materially ameliorated. But the traditions of centuries of absolutism died slowly, and it was not until the close of