But it is not necessary to defend the proceedings against Strafford by any such comparison. They are justified, in our opinion, by that which alone justifies capital punishment or any punishment, by that which alone justifies war, by the public danger. That there is a certain amount of public danger which will justify a legislature in sentencing a man to death by retrospective law, few people, we suppose, will deny. Few people, for example, will deny that the French Convention was perfectly justified in placing Robespierre, St. Just, and Couthon under the ban of the law, without a trial. This proceeding differed from the proceeding against Strafford only in being much more rapid and violent. Strafford was fully heard. Robespierre was not suffered to defend himself. Was there, then, in the case of Strafford, a danger sufficient to justify an act of attainder? We believe that there was. We believe that the contest in which the Parliament was engaged against the King was a contest for the security of our property, for the liberty of our persons, for everything which makes us to differ from the subjects of Don Miguel. We believe that the cause of the Commons was such as justified them in resisting the King, in raising an army, in sending thousands of brave men to kill and to be killed. An act of attainder is surely not more a departure from the ordinary course of law than a civil war. An act of attainder produces much less suffering than a civil war. We are, therefore, unable to discover on what principle it can be maintained that a cause which justifies a civil war will not justify an act of attainder. Many specious arguments have been urged against the retrospective law by which Strafford was condemned to death. But all these arguments proceed on the supposition that the crisis was an ordinary crisis. The attainder was, in truth, a revolutionary measure. It was part of a system of resistance which oppression had rendered necessary. It is as unjust to judge of the conduct pursued by the Long Parliament towards Strafford on ordinary principles, as it would have been to indict Fairfax for murder because he cut down a cornet at Naseby. From the day on which the Houses met, there was a war waged by them against the King, a war for all that they held dear, a war carried on at first by means of parliamentary forms, at last by physical force; and, as in the second stage of that war, so in the first, they were entitled to do many things which, in quiet times, would have been culpable.