Chap. X. The HISTORY oft!Ja PuRITANS. 3'71 tion. Our author was fo fenfible of this objeCtion, that in ~rder to evadeK. Charles r. it, he advances this ridiculous conclufion, that though the eref!ing an bigh ~ court if jtdlice BY THE HOUSE OF COMMONS ALONE be Contrary tOp, 20. the LETTER, yet it being fir the people's good it is .fuificient that it is agreeable to the SPIRIT qf the law. But who gave a few officers of the army authority to judge what was. for the people's good, or to act according to the Jpirit of a law in contradiction to the letter? This would expofe every man's life and eflate to the will and pleafure of an arbitrary tyrant, and introduce a rule of government [o jufily complained of in the former part of this reign, in oppofirion to a rule of lmv. The prefident B radfbmv, in his fpeech at pronouncing fentence, goes upon the fame general topics, that the people are the origin if civil power, which they transfer to their magiftrates under what limitations they think fit, and that the king hill?fe!f is accountable to themfir tbe abu.fe of it; but if this were true, it is not to the prefent pu rpofe, becaufe as has been obferved, the king's judgeshad not the confent of the people of England in their diffutlve or collective capacity. His majefl:y's .own reafons againfl: this high court of juflice, which he would have given in court, if he might have been heard, are in my opinion, a fufficient anfwer to all that can be faid on the other fide. " -- Admitting, but not granting (fays his majefiy) that the peo– " pie of England's commiffion could gra nt your pretended power, I fee •' nothi ng you can lhew for that, for cntainly you never aiked the quefl:ioh " of the tenth man of the k ingdom; and in this way you manifefl:ly " wrong even the poorefl: plough-man, if you demand not his free con– " fent ; nor can you pretend any colour for this your pretended commif– " fion without confent, at leafl: of the major pa rt of the people of Eng– " land, of whatfoever quality or cond ition, which I am fure you never " went about to feek, fo far are you from having it-- Nor mufl: I " forget the privileges of both houfes of parliament, which thio day's " proceedings do n~.t o~ly violate, ~ut likewife occafion the greateft " breach of the pub, tc fatth that I believe ever was heard of, with which " I am £1r from charging the two houfes --· Then for any thing I can " fee, the higher houfe is totally excluded; and for the houfe .of com– e< mons it is tco well known, tha t the major part of them are detained " or deterred from fitt ing -- And after all, how the hou{e of com~ '' mons can ereCt a court of judicature, which was never one itfelf " as is.well known to all lawyers, I leave to God and the world t~ "judge._ .. . King Charles therefore died by the hands of violence, or by the mili- d uthors of tary fword, affumed ~nd managed in an arbitrary man her by a few defpe- the king's rate officers and ' the1r depem:lents, of fund ry denomin·ations as to reli- death. B b b 2 gion,
RkJQdWJsaXNoZXIy OTcyMjk=