293. The king to the queen (Oxford, March 3, 1646)

government, or submitting to the church of Rome. Therefore make the case thine own. With what patience wouldest thou give ear to him who should persuade thee, for worldly respects, to leave the communion of the Roman church for any other? Indeed, sweetheart, this is my case; for, suppose my concession in this should prove but temporary, it may palliate though not excuse my sin. . .

...

But let not this sad discourse trouble thee (for, as thou art free from my faults, so doubtless God has blessings in store for thee), it being only a necessary freedom to shew thee that no slight cause can make me deny to do what thou desirest, who am eternally thine.

CHARLES R.

For God's sake, as thou lovest me, see what may be done for the landing of the 5000 men, at the place and by the time I wrote to thee the 1st of Feb., and with them as much money as possibly thou canst. I assure thee that the well-doing of this is likely to save both my crown and liberty.

Dear Heart :

Amongst all the difficulties against which I have struggled in this unparalleled rebellion, none hath been more prejudice nor of half that vexation to me, as the causeless stumblings and mistakings of my friends; yet whilst I was rightly understood by thee, I despised them all; but, since from whence my chiefest comfort comes, I am now most mistaken, it may easily be judged how my misfortunes are multiplied upon me, and, which is worse, how I am deprived of means for the supporting them; and realy I should sink under my present miseries, if I did not know myself innocent of those faults which thy misinformed judgment condemns me of. . . .

294. The king Dear Heart:

to the queen

(Newcastle,

1646)

I have nothing this week to say, but to desire thee that thou December 26, wilt publickly profess that thou wilt no more press me in matter of religion, because thou findest that I have offered as much in that point as I can with a safe conscience, which, in thy opinion, ought not to be forced upon any terms.

The reason of this I shall expound by my next (which I believe will be a dispatch of good importance), how much it concerns the safety of him who is eternally thine.

CHARLES R.

IV. THE TRIAL AND EXECUTION OF THE KING

After two periods of war, one against the king himself, the other against a party which wanted to restore him without conditions, the inevitable steps for his trial and execution were taken, the progress of which is illustrated by the following extract from Whitelock's Memorials. The first scene is in Westminster Hall, before the High Court of Justice.

The clerk of the court read this aloud:

Charles Stuart, king of England, you have been accused on the behalf of the people of England of high treason and other crimes; the court have determined that you ought to answer the same.

King. I will answer the same, so soon as I know by what authority you do this. President. If this be all that you would say, then, gentlemen, you that brought the prisoner hither, take charge of him back again. King. I do require that I may give in my reasons why I do not answer, and give me time for that. President. It is not for prisoners to require. King. Prisoners! Sir, I am not an ordinary prisoner.

President. The court hath considered of their jurisdiction; and they have already affirmed their jurisdiction: if you will not answer, we shall give order to record your default. King. You have never heard my reasons yet. President. Sir, your reasons are not to be heard against the highest jurisdiction. King. Show me what jurisdiction, where reason is not to be heard. President. Sir, we show it you here, the Commons of England; and the next time you are brought, you will know more of the pleasure of the court, and, it may be, their final determination. King. Show me wherever the House of

295. The trial

of the king ster Hall

in Westmin

296. Sentence

of the High Court of

Justice upon the king

(January 27, 1649)

The charge

of treason

Commons were a court of judicature of that kind. President. Sergeant, take away the prisoner.

King. Well, sir, remember that the king is not suffered to give in his reasons for the liberty and freedom of his subjects. President. Sir, you are not to have liberty to use this language; how great a friend you have been to the laws and liberties of the people, let all England and the world judge. King. Sir, under favor, it was the liberty, freedom, and laws of the subject that ever I took to defend myself with arms; I never took up arms against the people, but for the laws. President. The command of the court must be obeyed, no answer will be given to the charge. King. Well, sir.

The justification claimed by the party in parliament and in the nation that put Charles to death is expressed in the sentence of the High Court of Justice that followed his condemnation.

Whereas the Commons of England assembled in parliament, have by their late act, intituled “An Act of the Commons of England assembled in parliament for erecting an High Court of Justice for the trying and judging of the said Charles Stuart, king of England," authorized and constituted us an High Court of Justice for the trying and judging of the said Charles Stuart for the crimes and treasons in the said act mentioned; by virtue whereof the said Charles Stuart hath been three several times convented before this High Court.

The first day, being Saturday, the 20th of January, instant, in pursuance of the said act, a charge of high treason and other high crimes was, in the behalf of the people of England, exhibited against him and read openly unto him, wherein it was charged that he, the said Charles Stuart, being admitted king of England, and therein trusted with a limited power to govern by and according to the law of the land and not otherwise; and by his trust, oath, and office, being obliged to use the power committed to him for the good and benefit of the people and for the preservation of their rights and liberties; yet, nevertheless, out of a wicked design to erect and uphold in himself

an unlimited and tyrannical power to rule according to his will, and to overthrow the rights and liberties of the people, and to take away and make void the foundations thereof and of all redress and remedy of misgovernment, which by the fundamental constitutions of this kingdom were reserved on the people's behalf in the right and power of frequent and successive parliaments or national meetings in council; he, the said Charles Stuart, for accomplishment of such his designs, and for the protecting of himself and his adherents in his and their wicked practices, to the same end hath traitorously and mali ciously levied war against the present parliament and people therein represented, as with the circumstances of time and place is in the said charge more particularly set forth.

war and its

He hath hereby caused and procured many thousands of the His responsifree people of this nation to be slain; and by divisions, parties, bility for the and insurrections within this land, by invasions from foreign renewal parts endeavored and procured by him, and by many other evil ways and means, he, the said Charles Stuart, hath not only maintained and carried on the said war both by sea and land, but also hath renewed, or caused to be renewed, the said war against the parliament and good people of this nation in this present year 1648 in several counties and places in this kingdom in the charge specified; and he hath for that purpose given his commission to his son the Prince and others, whereby, besides multitudes of other persons, many such as were by the parliament entrusted for the safety of this nation, being by him or his agents corrupted to the betraying of their trust, and revolting from the parliament, have had entertainment and commission for the continuing and renewing of the war and hostility against the said parliament and people.

By the said cruel and unnatural war so levied, continued, and renewed, much innocent blood of the free people of this nation hath been spilt, many families undone, the public treasure wasted, trade obstructed and miserably decayed, vast expense and damage to the nation incurred, and many parts of the land spoiled, some of them even to desolation; and he still continues his commission to his said son and other rebels and revolters, both English and foreigners, and to the earl of Ormond

The verdict

and to the Irish rebels and revolters associated with him, from whom further invasions of this land are threatened by his procurement and on his behalf; and all the said wicked designs, wars, and evil practices of him, the said Charles Stuart, were still carried on for the advancement and upholding of the personal interest of will, power, and pretended prerogative to himself and his family, against the public interest, common right, liberty, justice, and peace of the people of this nation; and he thereby hath been and is the occasioner, author, and continuer of the said unnatural, cruel, and bloody wars, and therein guilty of all the treasons, murders, rapines, burnings, spoils, desolations, damage, and mischief to this nation, acted and committed in the said wars, or occasioned thereby. Whereupon the proceedings and judgment of this court were prayed against him, as a tyrant, traitor, and murderer, and public enemy to the commonwealth, as by the said charge more fully appeareth. . . .

Now, therefore, upon serious and mature deliberation of the premises, and consideration had of the notoriety of the matters of fact charged upon him as aforesaid, this court is in judgment and conscience satisfied that he, the said Charles Stuart, is guilty of levying war against the said parliament and people and maintaining and continuing the same, for which in the said charge he stands accused; and by the general course of his government, counsels, and practices, before and since this parliament began (which have been and are notorious and public, and the effects whereof remain abundantly upon record), this court is fully satisfied in their judgments and consciences that he has been and is guilty of the wicked designs and endeavors in the said charge set forth; and that the said war hath been levied, maintained, and continued by him as aforesaid, in prosecution and for accomplishment of the said designs; and that he hath been and is the occasioner, author, and continuer of the said unnatural, cruel, and bloody wars, and therein guilty of high treason and of the murders, rapines, burnings, spoils, desolations, damage, and mischief to this nation acted and committed in the said war, and occasioned thereby.