him; from whom further invasions upon this land are threatened, upon the procurement, and on the behalf of the said Charles Stuart.

All which wicked designs, wars, and evil practices of him, the said Charles Stuart, have been, and are carried on for the advancement and upholding of a 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, by and from whom he was entrusted as aforesaid.

By all which it appeareth that the said Charles Stuart 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, damages and mischiefs to this nation, acted and committed in the said wars, or occasioned thereby.

(Rushworth's Collection, ed. cit., VII, 1396.)

161. Charles Refuses to Plead

Rushworth's Collection

The Stuart theory of the Divine Right of Kings-a theory which placed the sovereign above the law (see Nos. 148, 149 and 154) is clearly set forth in the reasoning by which Charles I. explained his refusal to submit to the jurisdiction of the High Court of Justice. While denying the right of the court to try him, Charles attempted to vindicate his conduct. The document is an excellent demonstration of the characteristics of the Stuarts.

Having already made my protestations, not only against the illegality of this pretended Court, but also, that no earthly power can justly call me (who am your king) in question as a delinquent, I would not any more open my mouth upon this occasion, more than to refer myself to what I have spoken, were I in this case alone concerned: but the duty I owe to God in the preservation of the true liberty of my people will not suffer me at this time to be silent: for, how can any freeborn subject of England call life or anything he possesseth his own, if power without right daily make new, and abrogate the old fundamental laws of the land which I now take to be the present case? Wherefore when I came hither, I expected that you would have endeavoured to have satisfied me concerning these grounds which hinder me to answer to your pretended impeachment. But since I see that nothing I can say will move you to it (though negatives are not so naturally proved as affirmatives) yet I will show you the reason why I am confident you cannot judge me, nor indeed the meanest

man in England: for I will not (like you) without showing a reason, seek to impose a belief upon my subjects.

There is no proceeding just against any man, but what is warranted, either by God's laws or the municipal laws of the country where he lives. Now I am most confident this day's proceeding cannot be warranted by God's laws; for, on the contrary, the authority of obedience unto Kings is clearly warranted, and strictly commanded in both the Old and New Testament, which, if denied, I am ready instantly to prove.

And for the question now in hand, there it is said, that 'where the word of a King is, there is power; and who may say unto him, what dost thou?' Eccles. viii. 4. Then for the law of this land, I am no less confident, that no learned lawyer will affirm that an impeachment can lie against the King, they all going in his name: and one of their maxims is, that the King can do no wrong. Besides, the law upon which you ground your proceedings, must either be old or new: if old, show it; if new, tell what authority, warranted by the fundamental laws of the land, hath made it, and when. But how the House of Commons can erect a Court of Judicature, which was never one itself (as is well known to all lawyers) I leave to God and the world to judge. And it were full as strange, that they should pretend to make laws without King or Lords' House, to any that have heard speak of the laws of England.

And admitting, but not granting, that the people of England's commission could grant your pretended power, I see nothing you can show for that; for certainly you never asked the question of the tenth man in the kingdom, and in this way you manifestly wrong even the poorest ploughman, if you demand not his free consent; nor can you pretend any colour for this your pretended commission, without the consent at least of the major part of every man in England of whatsoever quality or condition, which I am sure you never went about to seek, so far are you from having it. Thus you see that I speak not for my own right alone, as I am your King, but also for the true liberty of all my subjects, which consists not in the power of government, but in living under such laws, such a government, as may give themselves the best assurance of their lives, and property of their goods; nor in this must or do I forget the privileges of both Houses of Parliament, which this day's proceedings do not only violate, but likewise occasion the greatest breach of their public faith that (I believe) ever was heard of, with which I

am far from charging the two Houses; for all the pretended crimes laid against me bear date long before this Treaty at Newport, in which I having concluded as much as in me lay, and hopefully expecting the Houses' agreement thereunto, I was suddenly surprised and hurried from thence as a prisoner; upon which account I am against my will brought hither, where since I am come, I cannot but to my power defend the ancient laws and liberties of this kingdom, together with my own just right. Then for anything I can see, the higher House is totally excluded; and for the House of Commons, it is too well known that the major part of them are detained or deterred from sitting; so as if I had no other, this were sufficient for me to protest against the lawfulness of your pretended Court. Besides all this, the peace of the kingdom is not the least in my thoughts; and what hope of settlement is there, so long as power reigns without rule or law, changing the whole frame of that government under which this kingdom hath flourished for many hundred years? (nor will I say what will fall out in case this lawless, unjust proceeding against me do go on) and believe it, the Commons of England will not thank you for this change; for they will remember how happy they have been of late years under the reigns of Queen Elizabeth, the King my father, and myself, until the beginning of these unhappy troubles, and will have cause to doubt, that they shall never be so happy under any new and by this time it will be too sensibly evident, that the arms I took up were only to defend the fundamental laws of this kingdom against those who have supposed my power hath totally changed the ancient government.

Thus, having showed you briefly the reasons why I cannot submit to your pretended authority, without violating the trust which I have from God for the welfare and liberty of my people, I expect from you either clear reasons to convince my judgment, showing me that I am in an error (and then truly I will answer) or that you will withdraw your proceedings.

This I intended to speak in Westminster Hall, on Monday, January 22, but against reason was hindered to show my (Rushworth Collection, ed. cit., VII, 1403.)

reasons.

162. The Sentence of the King

Rushworth's Collection

The sentence of the High Court of Justice affirms the limited power of the English monarchs, and sternly enumerates Charles' misuses of his royal prerogative. The judges reiterate the doc

trine which formed, the basis of the Puritan Revolution, that a king can be guilty of treason and, and if thus guilty, can be punished by the nation from whom alone is derived the right to rule.

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 Charles Stuart, King of England, authorised 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, where 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 he 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 maliciously 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; and that he hath thereby caused and procured many thousands of the free people of this nation to be slain; and by divisions, parties, and insurrections within this land, by invasions from foreign parts, endeavoured 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 that 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 and employed 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: and that 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 that he still continues his commission to his said son, and other rebels and revolters, both English and foreigners, and to the Earl of Ormond, and to the Irish rebels and revolters associated with him, from whom further invasions of this land are threatened by his procurement and of his behalf: and that 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 that 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. To which charge, being read unto him as aforesaid, he, the said Charles Stuart, was required to give his answer; but he refused to do so: and upon Monday, the 22nd day of January instant, being again brought before this Court, and there required to answer directly to the said charge, he still refused so to do; whereupon his default and contumacy was entered; and the next day, being the third time brought before the