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Show 13G ATROCIOUS .TlrDC ES. L:\. D. 1C~~. he had actually tried to save the liCe of Charlc. I., the treason charged upon him was for con ' piring Lhe death of Charlc II., whose life he would have been equally willing io defend. The inclictment alleged this overt act, " that he di<l take upon him the government of the forces of this nation l>y sea and land, nnd appointed colonels, captains, and ofliccr14." The crown ln wyers admitted that the prisoner bad not Ineditated any attempt upon the natural life of Cllarles II., l>u t insi~ted that, by acting under the authority of the commonwealth, he bad a sistcd in preventing the true heir of the 1nonarchy from obtaining po. scs ion of the government, and therehy, in point of law had con pired his death, and had committed high treason~ Una ·sis ted by counsel, and brow beaten by Lord Cbicf J nstice Fo. ter, he 1nade a gallant defence ; and besides pointin()' out the bad faith of the procee<ling, after the promises of 0 . iuuemnity and parJon held out to him, contenJed that, lll point of law, he was not guilty, on the groun<l that Ch:u:lca II. had never been in posse sion of the governtnent as kmg <1uring any part of the period in question: that the supreme power of the state wus then vested in the Parliutncnt, whose orders he had obeyed; that he was in the .;:a,me relulion to the exiled. l:eir as if there had been another king upon the throne; and that the statute of IIenry VII., which was only declaratory of the con1mon law and. of con1rnon sen'"'c, ex pres ·ly provicled that no one should ever be called in que tion for obeying, or tlefcnding by force of arms, a king de j i.,lcto, although he harl usurped the throne. lie conclude<l by observing t~wt the whole En O'lish nation n1i crht be included in the 101 • 0 b peachment. lloster, 0. J.-" IIacl there been another king on the throne, thono·h a usurr)er you 1n1. <rht have hr0n excmp t e<.1 by tho D ' ~ v A. D. 16C2.] ROBF.IlT FOSTER. statute fron1 the penalties of treason. But the authority you recognized was called by the rebel · either ' Com1non wealth' or 'Protector,' and the statute take::; no notice of any such names or things. Fr01n the n1ornent that the rnartyred soYcreign expired, our lorJ the king that now is must be considered as entitled to our alleO'ian ·c, and the law declares that he has ever since occupied hi · aneestral throne. Therefore, ooe<liencc to any usurped authority wa · treason to hin1. You talk of the sovereign power of Parliament, but the law knows of no soYcreign power except the power of our sovereign lorJ the king. '\Vith r espect to the number against wh01n the law shall he put in force, that 1nust depenu upon his 1naje ty's cle1nency and en. e of ju ' tice. To those who truly repent he is 1nerci ful; but the pu nislnncnt of those who repent not i a tluty we O\Ye l>oth to God nnd to our fellow-men." A veruict of guilty being returned, the u::;ual sentence wa5 pronounced; but the ki11g, out of regard to his own r eputation, if not to the dictates of justice and n1ercy, was very r eluctant to sanction the execution of it, till Chief ,J u 'tice Foster, going the following Jay to II am pton Court to give him an account of the trial, r epresented the line of deC 'nco taken by the prisoner as incon~istent with the principle.· of monarchical government, and ~aid that the . upposed promises of pardon were l>y no 1nenns uinuing, ' 1or Gou, though ofttimes promi ·ing mercy, yet inten(l· his n1ercy only for the penitent." The kincr thu-· wroucrht on notwithstandino(J' l1i~ O) ' 0 ) engagement to the contrary, ·igue<l the death-warrant, anL1 ·vane was lJeheaJed on Tower IIill, saying with hit:) bst breath, " I value 1ny life le:s in a good cause than the king docs hi· promi:·e." }\Ir. Fox, nn<l other historians, con idel' 1 :2 '{: |