nation, in the way of a free ftate. The kingly power and house of peers, by the autho

in the cry, and represented him as one of the most wicked of men. But, though men's prejudices ran very high at the time of Charles's death, yet wanted there not advocates to defend the deed. Some of their reasons the truth of hiftory requires me to recite, though I am no way anfwerable for the conclufiveness of them.

1. It was faid, That the people, (I mean collectively taken) have no law of nature, or of God upon them, which prohibiteth them from laying afide a King, or kingly governor, from amongst them, when they have a reasonable caufe for it. Such a cause as this they have (I mean that which is just, and reasonable, and competent) for fo doing, when either they find, by experience, that government by kings hath been a nuisance to the peace or liberties of the peo་ ple, and apprehend, by reason, that, if continued, it is like ftill fo to be; or find, that the charge of 'maintaining fuch a government, hath been, and, if ⚫ continued, is like to be (for the future) over burthenfome to the ftate, conceiving, upon good grounds, withal, that another form of government will ac⚫commodate the intereft of the ftate upon equal or better terms, with lefs charge and expence; efpecially when they find, that the government we fpeak of is gotten into a race or blood, that is unfit for government, as that which, for feveral descents together, as < in father, in fon, in fon's fon, &c. is either boiled up into, and breaks out in oppreffion and tyranny, or ' else turns to a water of natural fimplicity and weaknefs, or froths into voluptuoufnefs and luxury, or the like; in all thele cafes (I fay) and many others like unto these, a people or ftate, formerly governed by kings, may very lawfully turn thefe fervants of theirs out of their doors, as the Romans of old, and the • Hola

P 3

(s) Goodwin's De

fence of the

Sentence

the late

King,

P. 12. Lond.

4to. 1649.

authority of this commonwealth, were abolished,

6

Hollanders of late (befides many nations more) have done, and are blamelefs (s).'

2. Though it fhould be fuppofed, that the King pafled upon fimply and abfolutely is fuperiour to his people, yet, having entered into a civil, yea, and facred covenant and bond with them, the breach hereof on his part giveth unto them a lawfulneffe of right or power, to compel him to the terms of his agreement, or to make fatisfaction for his violation of them.-And though it fhould be granted, that a king is either equal or fuperiour in power to his people in parliament, yet, being degenerated into a tyrant, he is neither. Whether the king be fuch, it is the right of the people, by their reprefentatives, to declare. For, where there is no opportunity for the interpofure of other judges, the law of nature and of nation, alJoweth every man to judge in his own cafe. Even as the late King took upon him to be judge in his own cafe; when he fentenced all those who ferved in the wars on the parliament's fide against him, for rebels and traytors, and commanded execution accordingly.

-That fuppofing the parliament (on account of the force put on it by the army, and the abolishing the house of lords) by whofe authority the high court of juftice was founded and created, was no formal, legal or compleat parliament, yet will not this neither difable the juftice or righteoufneffe of the fentence; unleffe it could be further fuppofed (which apparent truth prohibiteth any man to fuppofe) that there were fome other magiftrate, one, or more, fuperiour in place and authority to this parliament, who, probably, would either have erected a like court of juftice for the fame end (the capital tryall of the King) or elfe have called him to the bar of fome court of juftice already eftablished, and profecuted the fame tryal here. For, doubtleffe, the execution of juftice and judgment is fo abfolutely and effentially neceffary

lifhed, the lands of the crown fold, with the

<to the preservation and well-being of a state, or body
politique, that both the law of God and nature doth
not only allow it in any member, one, or more, of
fuch a body, in their order, turn, and course, (when
thofe, who are peculiarly deputed for fuch execution,
(t) Good-
fhall neglect or refufe it, as, viz. magiftrates and win's De-
• judges), (t) but even calleth them unto it, and re- fence, &c.
quireth it at their hands, in fuch cases.''

3. As to the claufe in the covenant, which bound them to preserve the King's perfon, it was faid, That, in the then circumftances, neither the prefervation of the liberties of the kingdom, nor the bringing delinquents to punishment (to which, by the fame covenant, they were bound) were confiftent therewith, and confequently was unfit to be observed by them. Late and lamentable experience,' fays the writer, juft quoted, fhewed how near the liberties of the kingdom were to ruin, by occafion of the prefervation of the King's perfon only (and that only for a season) though his authority was kept under hatches. It was the prefervation of his perfon that gave life, and breath, and being, to thofe dangerous infurrections'in Kent, Effex, London, Surry, Wales, &c. by means whereof there was but a step between the liberties of the kingdom and perpetual enflavement. It was the prefervation of his perfon (with hope of reftitution of his authority) that adminiftred ftrength unto Scotland to conceive the conqueft of England, and to make the attempt, by invading it with an army of about (if not above) 30000 men: unto whofe teeth (doubtleffe) this nation had been a prey, had they not fought from heaven, had not the ftars in their courfes fought against them. And had his person still been preferved (especially with his authority) according to all experiments which the world hath made, and had, in such cafes, yea, according to all principles, as well of religion, as of reason and policy, it would have been a

6

6

P 4

• fpring

p. 40.

(x) Goodwin's Defence, &c. P. 55.

the jewels and paintings belonging to Charles

I.

fpring or fountain of bitter waters unto the land, and a darkening of the light in the heavens thereof. And, inftead of bringing delinquents to condign punishment, it cannot, in any rational conftruction, but be fuppofed, that it would have been the lifting up the heads of such persons unto undeserved places of ho'nour (2).'

6

4. Never,' fays Mr. Goodwin, was any perfon, under heaven, fentenced with death upon more equitable o juft grounds, in refpect of guilt or demerit, He that is the architect and master-workman in raifing an unneceffary or unjust war, makes himfelf the first born of murtherers, and is refponsible both to God and men, for all the blood that is shed in this war. If kings might make war upon their fubjects, when, and upon what pretences, they please, and then be justified and acquitted from all outrages of blood, and other villanies, perpetrated in this war, one fin might make an atonement for another; yea one great fin a cloak and covering for many. The late wars, wherein the King, by the word of those men of blood, who caft in their lot with him, thed fo much innocent blood in the land, being caufelefly, and contrary to the frequent obteftations, humble petitions, earnest follicitations, grave advisements of his great councel (the parliament) commenced by himfelf, are so far from mediating for the blood fhed, on his behalf, that they open the mouth of it the wider, (x) Grod- and caufe it to cry fo much the louder for vengeance upon him, and his, both unto God and men (x).' And the parliament, after giving a fhort detail of Charles's behaviour in his government, adds, Upon all 6 thefe, and many other unparalleled offences, upon his breach of faith, of oaths and proteftations, upon the cry of the blood of Ireland and of England, upon the tears of widows and orphans, and childlefs parents, and millions of perfons undone by him, let all the • world

win's De

fence, &c, P. 93.

6

I. and every mark of ignominy and contempt

world of indifferent men judge, whether the parlia'ment had not fufficient cause to bring the King to • juftice (y).'

、

5. I ask,' fays Milton, by what confcience, or divinity, or law, or reason, a ftate is bound to leave all 'thefe facred concernments under a perpetual hazard and extremity of danger, rather than cut off a wicked prince, who fits plotting day and night to fubvert them. They tell us, that the law of nature juftifies any man to defend himself, even against the King in perfon: let them fhew us then, why the fame law may not justify much more a state or whole people, to do juftice upon him, againft whom each private man may lawfully defend himself; feeing all kind of juftice 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 neceffary felf-defence of a whole ⚫ commonwealth. To war upon a king, that his in'ftruments may be brought to condign punishment, and thereafter to punish them the inftruments, and 'not to fpare only, but defend and honour him the author, is the ftrangest piece of juftice to be called 'chriftian, and the ftrangeft piece of reafon to be called human, that, by men of reverence and learning, ' ever yet was vented (z).'

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 fit in parliament acted ftill under a force, and were upon their good behaviour: as to this, it was by the parlia ment replied, That every parliament ought to act upon their good behaviour; and few have acted, but fome kind of force hath at one time or other been

(y) Declaration of the parliament of England, expreffing the grounds of their late proceedings, and of fettling the prefent government in the way of a free ftate, p. 13. 4to. London, March 22, 1648.

(x) Profe Works, vol. i. p. 362.

upon