"For his oppressions, let us look at the former history of this realm. James was never accounted a tyrant. Elizabeth is esteemed to have been the mother of her people. Were they less arbitrary? Did they never lay hands on the purses of their subjects but by Act of Parliament? Did they never confine insolent and disobedient men but in due course of law? Was the court of Star Chamber less active? Were the ears of libellers more safe? I pray you, let not king Charles be thus dealt with. It was enough that in his life he was tried for an alleged breach of laws which none ever heard named till they were discovered for his destruction. Let not his fame be treated as was his sacred and anointed body. Let not his memory be tried by principles found out ex post facto. Let us not judge by the spirit of one generation a man whose disposition had been formed by the temper and fashion of another.""Nay, but conceive me, Mr Cowley," said Mr Milton; "inasmuch as, at the beginning of his reign, he imitated those who had governed before him, I blame him not. To expect that kings will, of their own free choice, abridge their prerogative, were argument of but slender wisdom. Whatever, therefore, lawless, unjust, or cruel, he either did or permitted during the first years of his reign, I pass by. But for what was done after that he had solemnly given his consent to the Petition of Right, where shallwe find defence?Let it be supposed, which yet I concede not, that the tyranny of his father and of Queen Elizabeth had been no less rigorous than was his.But had his father, had that queen, sworn like him, to abstain from those rigours?Had they, like him, for good and valuable consideration, aliened their hurtful prerogatives?Surely not:from whatever excuse you can plead for him he had wholly excluded himself. The borders of countries, we know, are mostly the seats of perpetual wars and tumults.It was the same with the undefined frontiers, which of old separated privilege and prerogative.They were the debatable land of our polity.It was no marvel if, both on the one side and on the other, inroads were often made.But, when treaties have been concluded, spaces measured, lines drawn, landmarks set up, that which before might pass for innocent error or just reprisal becomes robbery, perjury, deadly sin.He knew not, you say, which of his powers were founded on ancient law, and which only on vicious example.But had he not read the Petition of Right? Had not proclamation been made from his throne, Soit fait comme il est desire?
"For his private virtues they are beside the question. Remember you not," and Mr Milton smiled, but somewhat sternly, "what Dr Cauis saith in the Merry Wives of Shakspeare? 'What shall the honest man do in my closet? There is no honest man that shall come in my closet.' Even so say I. There is no good man who shall make us his slaves. If he break his word to his people, is it a sufficient defence that he keeps it to his companions? If he oppress and extort all day, shall he be held blameless because he prayeth at night and morning? If he be insatiable in plunder and revenge, shall we pass it by because in meat and drink he is temperate? If he have lived like a tyrant, shall all be forgotten because he hath died like a martyr?
"He was a man, as I think, who had so much semblance of virtues as might make his vices most dangerous. He was not a tyrant after our wonted English model. The second Richard, the second and fourth Edwards, and the eighth Harry, were men profuse, gay, boisterous; lovers of women and of wine, of no outward sanctity or gravity. Charles was a ruler after the Italian fashion; grave, demure, of a solemn carriage, and asober diet; as constant at prayers as a priest, as heedless of oaths as an atheist."Mr Cowley answered somewhat sharply: "I am sorry, Sir, to hear you speak thus. I had hoped that the vehemence of spirit which was caused by these violent times had now abated. Yet, sure, Mr Milton, whatever you may think of the character of King Charles, you will not still justify his murder?""Sir," said Mr Milton, "I must have been of a hard and strange nature, if the vehemence which was imputed to me in my younger days had not been diminished by the afflictions wherewith it hath pleased Almighty God to chasten my age. I will not now defend all that I may heretofore have written. But this I say, that I perceive not wherefore a king should be exempted from all punishment. Is it just that where most is given least should be required? Or politic that where there is the greatest power to injure there should be no danger to restrain? But, you will say, there is no such law. Such a law there is. There is the law of selfpreservation written by God himself on our hearts. There is the primal compact and bond of society, not graven on stone, or sealed with wax, nor put down on parchment, nor set forth in any express form of words by men when of old they came together; but implied in the very act that they so came together, pre-supposed in all subsequent law, not to be repealed by any authority, nor invalidated by being omitted in any code; inasmuch as from thence are all codes and all authority.
"Neither do I well see wherefore you cavaliers, and, indeed, many of us whom you merrily call Roundheads, distinguish between those who fought against King Charles, and specially after the second commission given to Sir Thomas Fairfax, and those who condemned him to death. Sure, if his person were inviolable, it was as wicked to lift the sword against it at Naseby as the axe at Whitehall. If his life might justly be taken, why not in course of trial as well as by right of war?
"Thus much in general as touching the right. But, for the execution of King Charles in particular, I will not now undertake to defend it. Death is inflicted, not that the culprit may die, but that the state may be thereby advantaged.And, from all that I know, I think that the death ofKing Charles hath more hindered than advanced the liberties of England. "First, he left an heir.He was in captivity.The heir was in freedom.
