A History of Three of the Judges of King Charles I. Major-General Whalley, Major-General Goffe, And Colonel Dixwell: Who, At the Restoration, 1660, Fled to America; And Were Secreted And Concealed, in Massachusetts And Connecticut, for Near Thirty Years

Cover A History of Three of the Judges of King Charles I. Major-General Whalley, Major-General Goffe, And Colonel Dixwell: Who, At the Restoration, 1660, Fled to America; And Were Secreted And Concealed, in Massachusetts And Connecticut, for Near Thirty Years
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And Ihall they be deterred from the exertion, or fuch exertion condemned for want of precedents, or provifion in the conftitution, if fuch a political conilitution can be conceived: What principle of political or moral right forbids their even originating a precedent in this in- ilance ? And this may be by one united effort or burft- ing forth of the national fpirit — or — if the body of the nation, by intimidation or intriguing delulion, or a junction of ariilocratical official and other inter...efls, Ihould be prevailed upon to hug their chains and fit dill in ilavery : in fuch an exigency fhould fome fpirited phalanx arife and fpontaneouily alTumie upon them the vindication cf liberty, rufuon the throne and feize the .228 HISTORY OF THREE OP THE JUDGES -defpot, what could be faid againft it ? Even fhould they light iiponhirn hke bees, and fall upon him t"'llhedied, as did the citizens upon Phalaris of Agrigentum — this :rnight be well — it certainly would be juil. But fnould they in this tumultuous and dangerous exigency, retain fuch noble and manly poifellion of themfelves, fuch controul and reftraint of the pubhc pafhon, as to with- hold them from this fudden though merited violence, andfo as to give opportunity of a fair and open trial, that the condemnation fhould proceed on real juftice : and thereupon by their own afiumed authority inititnte and erecl:, and empower a court of trial fulTiciently qushned and numerous : let the judges be men of com- mon integrity, and difcernment adequate to the deter- mination of a plain miatter of fa£t upon evidence — for let it be rememibered this trial of a King for the breach of a coronation oath by overt a61:s, is not a quisflio juris which might require profound law knowledge, but a qucrfiiofaBi^ as to which all the honi homines y the very elders of the gate, are competent judges : If fuch a court thus eftabliOied and authorized, after a fair and open examination of evidences, fhould pafs upon a King, that he is guilty of treafon — and he be executed accordingly : — If this procedure fhould be had by thofe who voluntarily ailumed the falvation of their country upon themfelves, would they not honor their intrepidi- ty, jufliceand patriotifm, in the hiftory of nations ?

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