belonging to Charles I. and every mark of

the sword of those men of blood, who cast in their lot with him, shed so much innocent blood in the land, being causelesly, and contrary to the frequent obtestations, humble petitions, earnest sollicitations, grave advisements of his great councel (the parliament) commenced by himself, are so far from mediating for the blood shed, on his behalf, that they open the mouth of it the wider, and cause it to cry so much the louder for vengeance upon him, and his, both unto God and men." And the parliament, after giving a short detail of Charles's behaviour in his government, adds, "Upon all these, and many other unparalleled offences, upon his breach of faith, of oaths and protestations, upon the cry of the blood of Ireland and of England, upon the tears of widows and orphans, and childless parents, and millions of persons undone by him, let all the world of indifferent men judge, whether the parliament had not sufficient cause to bring the king to justice."

5. "I ask," says Milton, "by what conscience, or divinity, or law, or reason, a state is bound to leave all these sacred concernments under a perpetual hazard and extremity of danger, rather than cut off a wicked prince, who sits plotting day and night to subvert them. They tell us, that the law of nature justifies any man to defend himself, even against the king in person: let them shew us then, why the same law may not justify much more a state or whole. people, to do justice upon him, against whom each private man may lawfully defend himself; seeing all kind of justice done is a defence to good men, as well as a punishment to bad; and justice done upon a tyrant is no more but the necessary self-defence of a whole commonwealth. To war upon a king, that his instruments may be brought to condign punishment, and thereafter to punish them the instruments, and not to spare only, but defend and honour him

a Goodwin's Defence, &c. p. 98.

Declaration of the Parliament of England, expressing the grounds of their late proceedings, and of settling the present government in the way of a free state, p. 13. 4to. London, March 22, 1648.

ignominy and contempt cast on his name,

the author, is the strangest piece of justice to be called Christian, and the strangest piece of reason to be called human, that, by men of reverence and learning, ever yet was vented""

6. As to the objection, that many members of parliament were, by force, excluded, the privilege of it highly broken, and they who were permitted to sit in parliament acted still under a force, and were upon their good behaviour: as to this, it was by the parliament replied," That every parliament ought to act upon their good behaviour; and few have acted, but some kind of force hath at one time or other been upon them; and most of them under the force of tyrannical will, and fear of ruine by displeasure thereof; some under the force of several factions or titles to the crown yet the laws made, even by such parliaments, have continued, and been received, and beneficial to succeeding ages. All which, and whatsoever hath been done by this parliament, since some of their members deserted them, and the late king raised forces against them, and several disorders and affronts formerly offered to them (if this objection take place) are wholly vacated. For any breach of privilege of parliament, it will not be charged upon the remaining part, or to have been within their power of prevention or reparation; or that they have not enjoyed the freedom of their own persons and votes, and are undoubtedly, by the law of parliaments, far exceeding that number which makes a house, authorized for the dispatch of any business whatsoever: and that, which at present is called a force upon them, is some of their best friends, called and appointed by the parliament for their safety, and for the guard of them against their enemies; who, by this means, being disappointed of their hopes to destroy the parliament, would, nevertheless, scandalize their actions, as done under a force, who, in truth, are no other than their own guards of their own army, by themselves appointed: and, when it fell

* Milton's Prose Works, vol. I. p. 362.

family, and government. To conciliate men

into consideration, whether the priviledge of parliament, or the safety of the kingdom, should be preferred, it is not hard to judge which ought to sway the ballance; and that the parliament ought to pass by the breach of priviledge (as had been formerly often done upon much smaller grounds) rather than, by a sullen declining their duty and trust, to resign up all the apparent hazard of ruin and confusion of the nation "."These were the principal reasons at that time given for this most extraordinary action. The reader will judge of their force, and determine whether they answer the objections founded on the illegality and violence of the proceeding. It should be observed, however, that the abettors of it gloried that it was performed in the eye of the world, and that an example was set to posterity how to act in similar circumstances."There want not precedents of some of his predecessors, said they, who have been deposed by parliaments, but were afterwards in darkness, and in corners, basely murthered. This parliament held it more agreeable to honour and justice, to give the king a fair and open trial, by above an hundred gentlemen, in the most publick place of justice, free (if he had so pleased) to make his defence ".""If the parliament and military council do what they do without precedent," says Milton, "if it appear their duty, it argues the more wisdom, virtue and magnanimity, that they know themselves able to be a precedent to others, who, perhaps, in future ages, if they prove not too degenerate, will look up with honour, and aspire towards, these exemplary and matchless deeds of their ancestors, as to the highest top of their civil glory and emulation; which, heretofore, in the pursuance of fame and foreign dominion, spent itself vain-gloriously abroad; but, henceforth, may learn a better fortitude, to dare execute highest justice on them that shall, by force of arms, endeavour the oppressing and bereaving of religion

to their proceedings, and make thein submit to

and their liberty at home; that no unbridled potentate or tyrant, but to his sorrow, for the future, may presume such high and irresponsible licence over mankind, to havoc and turn upside whole kingdoms of men, as though they were no more, in respect of his perverse will, than a nation of pismires a "- -“The time was," said another commonwealth advocate, "when this nation was wedded to the vanity of admiring kings, placing them in a lofty seat of impunity, like gods, that were not bound to give men an account of their actions, but had a liberty to thunder at pleasure, and put the world into combustion, so that there was no love but lust, no rule but the prince's will, which so vassalized the spirits of this great and mighty people, that they were content to establish the highest piece of injustice by such maxims of law, as said, "the king can do no wrong;' as if whatsoever he did could not make him a delinquent or a traitor; nor was it law only, but those antiquated cheats of the clergy made it pass for divinity also; so that the commonwealth of England, for almost six hundred years, hath been pinioned like a captive with the twofold cord of the law and the gospel, which the corrupt professors have made use of after their own inventions. Yet, notwithstanding that this glorious idol of royalty was elevated to such a height over the liberties of the parliament, and set upon the very pinacle of the temple, we have lived to see a noble generation of English hearts, that have fetched it down with a vengeance, and cured the land of that idolatry, by one of the most heroic and exemplary acts of justice, that ever was done under the sun

I shall only add, that, in the year 1651, O. S. the 30th of January was observed, by the English merchants at Dantzic, in memorial of their deliverance from slavery, and a feast was made for the whole company, the expence of which

a Milton's Prose Works, vol. I. p. 356. P. 886.

Mercurius Politicus, No. 56.

33

their rule, they began " with fair promises, and

was ordered to be repaid by the commonwealth of England".

33 They began with fair promises, and expressed, at the same time, much resolution.] After it had been determined to bring the king to a trial, the house of commons acted with great spirit and vigour. They declared, that the commons of England, in parliament assembled, being chosen by, and representing, the people, have the supreme power in the nation. They resolved, that a great seal be graven, with the addition of a map of the kingdom of Ireland, and of Jersey and Guernsey, together with the map of England; and, in some convenient place on that side, the arms by which the kingdoms of England and Ireland are differenced. from other kingdoms. That, on the map side of the great seal, the inscription shall be, "The Great Seal of England, 1648." That the inscription, on the other side of the seal, on which the sculpture of the house of commons is engraven, shall be this, viz. "In the first year of freedom, by God's blessing restored." Sixty pounds were charged on -On the 17th the revenue towards the charges of this seal.of March, after the king's execution, an act was passed "for abolishing the kingly office," and it was declared, high treason in any one to endeavour to set up any of the late king's children, or any other person to be king of England and Ireland; and that whosoever should be convicted of the said offence, should be deemed and adjudged a traitor against the parliament and people of England." And, that no hopes might be given of the restoration of monarchy, care was taken to demolish its great support the house of peers, which was declared "to be useless and dangerous to the people of England:" and it was enacted, "That the lords should not from thenceforth meet or sit in the house called the lords house, or in any other house or place what

b Journal, 4th Jan. 1648. 4 Scobel's Collection, March, 1648.

a Thurloe, vol. I. p. 554, 555. 9th of Jan. 1649.

© Journal,