"The Tenure of Kings and Magistrates proving that it is lawful, and hath been held so through all ages, for any who have the power to call to account a tyrant or wicked king, and after due conviction to depose and put him to death: if the ordinary magistrate have neglected or denied to do it." That kings have no more immunity than others from the consequences of evil doing is a proposition which seemed monstrous to many in Milton's day, but which will command general assent in ours.

But to lay it down that "any who has the power" may interpose to correct what he chooses to consider the laches of the lawful magistrate is to hand over the administration of the law to Judge Lynch--rather too high a price to pay for the satisfaction of bringing even a bad king to the block.

Milton's sneer at "vulgar and irrational men, contesting for privileges, customs, forms, and that old entanglement of iniquity, their gibberish laws," is equivalent to an admission that his party had put itself beyond the pale of the law.

The only defence would be to show that it had acted under great and overwhelming necessity; but this he takes for granted, though knowing well that it was denied by more than half the nation.

His argument, therefore, is inconclusive, except that portion of it which modern opinion allows to pass without argument.