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Updated: May 28, 2025
The regal title had been assumed. For treasons so aggravated there could be no pardon on this side of the grave. The poor terrified Duke vowed that he had never wished to take the crown, but had been led into that fatal error by others.
He claimed that San Martin should be tried by court-martial for his treasons, known to all the world. Instead of that San Martin was loaded with honours, and fresh indignities were heaped upon his chief accuser. This monstrous action of the ministers led to a revolution, which, if Lord Cochrane had stayed to the end, might have proved much to his advantage.
He urged that, if a compliance with the government at that time established in England, and the acknowledging of its authority, were to be regarded as criminal, the whole nation had incurred equal guilt, and none would remain whose innocence could entitle them to try or condemn him for his pretended treasons: that, according to these maxims, wherever an illegal authority was established by force, a total and universal destruction must ensue; while the usurpers proscribed one part of the nation for disobedience, the lawful prince punished the other for compliance: that the legislature of England, foreseeing this violent situation, had provided for public security by the famous statute of Henry VII.; in which it was enacted that no man, in case of any revolution, should ever be questioned for his obedience to the king in being: that whether the established government were a monarchy or a commonwealth, the reason of the thing was still the same; nor ought the expelled prince to think himself entitled to allegiance, so long as he could not afford protection: that it belonged not to private persons, possessed of no power, to discuss the title of their governors; and every usurpation, even the most flagrant, would equally require obedience with the most legal establishment: that the controversy between the late king and his parliament was of the most delicate nature; and men of the greatest probity had been divided in their choice of the party which they should embrace; that the parliament, being rendered indissoluble but by its own consent, was become a kind of coördinate power with the king; and as the case was thus entirely new and unknown to the constitution, it ought not to be tried rigidly by the letter of the ancient laws: that for his part, all the violences which had been put upon the parliament, and upon the person of the sovereign, he had ever condemned; nor had he once in the house for some time before and after the execution of the king: that, finding the whole government thrown into disorder, he was still resolved, in every revolution, to adhere to the commons, the root, the foundation, of all lawful authority: that in prosecution of this principle, he had cheerfully under gone all the violence of Cromwell's tyranny; and would now with equal alacrity, expose himself to the rigors of perverted law and justice: that though it was in his power, on the king's restoration, to have escaped from his enemies, he was determined, in imitation of the most illustrious names of antiquity, to perish in defence of liberty, and to give testimony with his blood for that honorable cause in which he had been enlisted; and that, besides the ties by which God and nature had bound him to his native country, he was voluntarily engaged by the most sacred covenant, whose obligation no earthly power should ever be able to make him relinquish.
They consisted, in great proportion, of those who, in that day, were known as new-made Whigs men who had deserted the enemy and been cleansed of their previous treasons by the proclamation of Governor Rutledge, which, not long before, had promised immunity to all who came in promptly with their adhesion and joined the American ranks.
Compliance with these conditions, was to ensure them full pardon for their treasons to the State, and the enjoyment of their property as citizens within it; while individuals not choosing to comply, were to be permitted, with their wives and children, a safe progress to the British lines. From the benefits of this treaty, some few atrocious offenders were excepted.
The Treasons Act disappeared; so did the old Acts against the Lollards; so did the Act of the Six Articles. A curious attempt was made to deal with the problem of vagrancy, the outcome of prevalent economic conditions, which the penalties of flogging and hanging had failed to repress.
Rapes, robberies, treasons, yield my soul delight, And human carnage gratifies my sight: I drag the parent by the hoary hair, And toss the sprawling infant on the spear, While the fond mother's cries regale my ear. I fight, I vanquish, murder friends and foes; Nor dare the immortal gods my rage oppose."
I ask only that the nation shall rouse itself to a sense of its responsibility. The Mormon Church has shown its ability to conform to the demands of the republic even by "revelation from God" if necessary. The leaders of the Church are now defiant in their treasons only because the nation has ceased to reprove and the national administrations have powerfully encouraged.
A commission was directed to the lord treasurer, several noblemen, and certain judges of both benches, to enquire into all manner of treasons, sorceries, and other things that might be hurtful to the king's person, and Bolingbroke and Southwel as principals, and the duchess of Gloucester as accessory, were brought before them.
This was the coping stone of that edifice of absolutism built up by parliamentary enactments of which Cromwell was the Architect: an adaptation of the system initiated by Henry VII. and developed by Wolsey; springing now from the assertion of the doctrine of the Supreme Head, continuing with the novel practical interpretations of that doctrine in matters ecclesiastical, and buttressed by the Treasons Act, which effectually translated discontent into Treason.
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