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Chapter 30EikonBas.1.30

His Speeches to the Lady Elisabeth and Duke of Glocester; and His Reasons against the jurisdiction of the High Court of Justice

A Father’s Final Charge

The King offers his final blessings, spiritual counsel, and warnings to his children, Lady Elisabeth and the Duke of Gloucester.

A true account of the King's speech to Lady Elisabeth and the Duke of Gloucester the day before he died. When his children came to meet him, he first blessed Lady Elisabeth and told her to remember to tell her brother James, whenever she saw him, that it was his father's last wish that he should no longer look on Charles only as his eldest brother, but be obedient to him as his sovereign; and that they should love one another and forgive their father's enemies.✦✦1 Then the King said to her, "Sweetheart, you'll forget this." "No," she said, "I'll never forget it as long as I live." And bursting into tears, she promised him she would write down the particulars.2 Then the King took the Duke of Gloucester on his knee and said, "Sweetheart, they’re going to cut off your father's head now"—and at those words, the child looked at him very steadily. Listen carefully, child, to what I say: they’ll cut off my head and perhaps make you a king. But mark my words—you must not be a king as long as your brothers Charles and James are alive. They’ll cut off your brothers' heads when they can catch them, and they’ll cut off your head too in the end. Therefore, I charge you: don't let them make you a king.3 At that, the child sighed and said, "I’ll be torn to pieces first." Coming so unexpectedly from one so young, that answer made the King rejoice exceedingly. Another account written in Lady Elizabeth's own hand. What the King said to me on January 29, 1648. It was the last time I had the happiness of seeing him. He told me he was glad I had come, and although he didn't have time to say much, he still had something to tell me that he couldn't share with anyone else or put in writing, because he feared their cruelty was so great they wouldn't have allowed him to write to me. He wanted me not to grieve or torment myself over him, for the death he was about to face would be a glorious one—suffered for the laws and liberties of this land and for maintaining the true Protestant religion.4 He told me to read Bishop Andrewes's Sermons, Hooker's Ecclesiastical Polity, and Bishop Laud's book against Fisher, which would ground me against Popery.5 He told me he had forgiven all his enemies and hoped God would forgive them too; he commanded us, along with all my brothers and sisters, to forgive them as well. He told me to tell my mother that his thoughts had never strayed from her and that his love would remain the same until the end.✦ Beyond this, he commanded me and my brother to be obedient to her.6 He also told me to send his blessing to the rest of my brothers and sisters, with his regards to all his friends. So, after he had given me his blessing, I took my leave.7 Furthermore, he commanded us all to forgive those people, but never to trust them, because they had been thoroughly false to him and to those who gave them power, and he feared for their own souls as well. He also asked me not to grieve for him, for he would die a martyr, and he had no doubt that the Lord would settle his throne on his son, and that we would all be happier than we could ever have expected to be if he had lived—along with many other things that I can't remember right now.89 Elisabeth. Another account from the Lady Elisabeth. The King told the Duke of Gloucester that he would say nothing to him except what was for the good of his soul. He told him he had heard the Army intended to make him King, but that it wasn't something he should take on himself if he cared about the welfare of his soul, as he had two brothers ahead of him. Therefore, he commanded him, under his blessing, never to accept it unless it came to him lawfully. He also commanded him to fear the Lord, and He would provide for him.✦10

The Defense of Law and Conscience

The King articulates his formal reasons for rejecting the jurisdiction of the High Court of Justice, grounding his defense in divine law and the ancient constitution of England.

His Majesty's Reasons against the Pretended Jurisdiction of the High Court of Justice, which he intended to deliver in writing on Monday, January 22, 1648. Faithfully transcribed from the King's original handwritten copy. Having already made my protests not only against the illegality of this so-called Court, but also that no earthly power can justly put me—who am your King—on trial as a delinquent, I would say nothing more on this occasion than to refer you back to what I have already said, if I alone were concerned in this case.11 But the duty I owe to God in preserving the true liberty of my people will not allow me to stay silent now. For how can any free-born subject of England call life, or anything he owns, his own, if power without right daily makes new fundamental law and abolishes the old law of the land—which I take to be the case here? So when I came here, I expected that you would have tried to satisfy me about these grounds that prevent me from answering your so-called impeachment. But since I see that nothing I can say will move you to do so (though negatives are not as naturally proved as affirmatives), I will still show you the reason why I am confident you cannot judge me—nor, indeed, the humblest man in England. For I will not, as you do, try to force a belief on my subjects without giving a reason.12 Regarding reasons.13 There is no just legal proceeding against anyone unless it is authorized by either God's laws or the municipal laws of the country where he lives. I am fully confident that today's proceedings cannot be authorized by God's law; on the contrary, the authority that requires obedience to kings is clearly authorized and strictly commanded in both the Old and New Testaments. If that is denied, I am ready to prove it. Regarding the question now before us, Scripture says that where the word of a king is, there is power, and who may say to him, 'What are you doing?'14 Ecclesiastes15 8. 4. As for the laws of this land, I am just as confident that no learned lawyer would claim an impeachment can be brought against the king, since all such proceedings run in his name; one of their maxims is that the king can do no wrong.16 Besides, the law you base your proceedings on must be either old or new: if it's old, show it; if it's new, say what authority—authorized by the fundamental laws of the land—created it, and when. But how the House of Commons can set up a court of justice when it has never been a court of justice itself—as every lawyer well knows—I leave to God and the world to judge. It would be just as strange for them to claim they can make laws without the king or the House of Lords, at least to anyone who has ever heard of the laws of England. Even if I admit—without granting—that a mandate from the people of England could give you the power you claim, I see no evidence of it. You certainly never asked even one in ten people in the kingdom, and in doing so, you clearly wrong even the poorest plowman if you don't require his free consent. You can't claim any shred of right for this pretended commission of yours without at least the consent of the majority of every man in England, regardless of rank or condition—which I am sure you never even tried to seek, let alone obtained.17 So you see that I speak not only for my own right as your King, but also for the true liberty of all my subjects. That liberty doesn't consist in sharing the power of government, but in living under laws and a government that provide the best assurance for their lives and their property.18 In this, I must not—and do not—forget the privileges of both Houses of Parliament. Today's proceedings not only violate those privileges but also create the greatest breach of public faith I believe has ever been heard of, though I am far from blaming the two Houses for it. All the pretended crimes laid against me date from long before this late Treaty at Newport. Having concluded as much as I could there and hopefully expecting the agreement of the two Houses, I was suddenly seized and hurried away as a prisoner. Because of this, I have been brought here against my will. Since I have arrived, I cannot help but defend the ancient laws and liberties of this kingdom, along with my own just rights, as far as I am able; as far as I can see, the House of Lords is being totally excluded.19 As for the House of Commons, it’s all too well known that most of them are detained or deterred from sitting—so even if I had no other reason, this alone would be enough for me to protest the lawfulness of your pretended Court. Besides all this, the peace of the Kingdom is by no means the least of my concerns; and what hope of settlement is there as long as power reigns without the rule of law, changing the whole frame of that government under which this Kingdom has flourished for many hundreds of years (nor will I say what will happen if this lawless, unjust proceeding against me goes on)? And believe me, the Commons of England will not thank you for this change, for they will remember how happy they have been in recent years under the reign of Queen Elizabeth, the King my father, and myself, until the beginning of these unhappy troubles, and they will have reason to doubt that they will ever be so happy under any new one.20 By now, it should be painfully clear that the arms I took up were only to defend the fundamental laws of this Kingdom against those who claimed my power had completely altered the ancient government.21 So, having briefly shown you why I cannot submit to your pretended authority without violating the trust I hold 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 error (and then I will truly answer at once)—or that you will withdraw your proceedings. This is what I intended to say in Westminster Hall on Monday, January 22nd. of January, but I was unreasonably prevented from setting out my reasons.

Read the original Latin

A true Relation of the KINGS Speech to the Lady ELISABETH, and the Duke of GLOCESTER, the day before His Death.

His children being come to meet him, he first gave his blessing to the Lady Elisabeth; and bad her remember to tell her Brother James, when ever she should see him, That it was his Fathers last desire, that he should no more look upon Charles as his eldest Brother only, but be obedient unto him, as his Soveraign; and that they should love one another, and forgive their Fathers Enemies. Then said the King to her, Sweet-heart you'l forget this: No (said she) I shall never forget it while I live: And pouring forth abundance of Tears, promised him to write down the Paticulars.

Then the King taking the Duke of Glocester upon his knee, said, Sweet-heart, now they will cut off thy Fathers head; (upon which words the child looked very stedfastly on him.) Mark child, what I say, they will cut of my head, and perhaps make thee a King: But mark what I say, you must not be a King so long as your Brother Charles and James do live; For they will cut off your Brothers heads, (when they can catch them) and cut off thy head too at the last: and therefore, I charge you, do not be made a King by them. At which the child, sighing, said, I will be torn in pieces first. Which falling so unexpectedly from one so young, it made the King rejoyce exceedingly.

Another Relation from the Lady ELISABETHS own Hand.

What the king said to me the nine and twentieth of January 1648. being the last time I had the happiness to see him; he told me, he was glad I was come, and although he had not time to say much, yet somewhat he had to say to me, which he had not to another, or leave in writing, because he feared their cruelty was such, as that they would not have permitted him to write to me, he wished me not to grieve and torment my self for him; for that would be a glorious death that he should dye; it being for the Laws and Liberties of this Land, and for maintaining the true Protestant Religion. He bad me read Bishop Andrews Sermons, Hookers Ecclesiasticall Politie, and Bishop Lauds Book against Fisher, which would ground me against Popery. He told me, he had forgiven all his Enemies, and hoped God would forgive them also; and commanded us, and all the rest of my Brothers and Sisters to forgive them: he bid me tell my Mother, That his thoughts never had strayed from her, and that his love should be the same to the last. Withall he commanded me and my Brother to be obedient to her. And bid me send his blessing to the rest of my Brothers and Sisters, with Commendation to all His Friends: So after he had given me his blessing, I took my leave.

Further, he commanded us all to forgive those people, but never to trust them; for they had been most false to him, and to those that gave them power, and he feared also to their own souls; And desired me not to grieve for him, for he should die a Martyr, and that he doubted not but the Lord would settle his Throne upon his Son, and that we should be all happier, then we could have expected to have been, if he had lived: With many other things, which at present I cannot remember.

ELISABETH.

Another Relation from the Lady Elisabeth. The King said to the Duke of Glocester, that he would say nothing to him but what was for the good of his soul: he told him, that he heard that the Army intended to make him King; but it was a thing not for him to take upon him, if he regarded the welfare of his soul; for he had two Brothers before him: and therefore commanded him upon His blessing, never to accept of it, unless it redowned lawfully upon him: And commanded him to fear the Lord, and he would provide for him.

His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice, which he intended to deliver in writing on Munday January 22, 1648.

Faithfully transcribed out of the originall Copie under the Kings own hand.

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 then to refer my selfe to what I have spoken, were I alone in this case 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 free-born Subject of England call life or any thing he possesseth his own, if power without right daily make new, and abrogate the old fundamentall Law of the Land, which I now take to be the present case. Wherefore when I came hither, I expected that you would have indeavoured 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 shew 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 shewing a reason, seek to impose a belief upon My Subjects.

concerning Reasons.]

There is no proceeding just against any man, but what is warranted either by Gods Laws, or the municipall Lawes of the Country where he lives. Now I am most confident, that this daies proceeding cannot be warranted by Gods Law, for on the contrary the authority of obedience unto Kings is cleerly warranted and strictly commanded both in the Old and New Testament; which if denied, I am ready 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 doest thou? Eccles. 8. 4. Then for the Lawes of this land, I am no lesse confident, that no learned Lawyer will affirme that an impeachment can lie against the King, they all going in his name; and one of their Maximes 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 shew it; if new, tell what authority warranted by the fundamentall 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 it self (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 Lawes of England.

And admitting, but not granting, that the people of Englands Commission could grant your pretended Power, I see nothing you can shew for that; for certainly you never asked the question of the tenth man of the Kingdom, and in this way you manifestly wrong even the poorest Plough-man, 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 sharing the power of Government, but in living under such Laws, such a Government as may give themselves the best assurance of their lives and propriety of their goods. Nor in this must or do I forget the priviledges of both Houses of Parliament, which this dayes proceedings doth not only violate, but likewise occasion the greatest breach of their Publike Faith that (I beleeve) 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 late Treaty at Newport, in which I having concluded as much as in me lay, and hopefully expecting the two Houses agreement thereunto, I was suddenly surprized, and hurried from thence as a Prisoner, upon which accompt 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 any thing 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 deterr'd from sitting, so as if I had no other, this were sufficient for me to protest against the lawfulnesse of your pretended Court. Besides all this, the peace of the Kingdom is not the least in my thoughts; and what hopes of settlement is there so long as power raignes without rule of 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 lawlesse unjust proceeding against me do go on) & beleeve it the Commons of England will not thanke you for this change, for they will remember how happy they have been of late years under the raign of Q. Elizabeth, the King my Father and my self, untill the beginning of these unhappy troubles, and wil 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 Armes I took up were only to defend the fundamentall Laws of this Kingdom, against those who have supposed my power hath totally changed the ancient Government.

Thus having shewed 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, shewing me that I am in an error (and then truly I will readily answer) or that you will withdraw your proceedings.

This I intended to speake in Westminster-Hall on Monday 22. January, but against reason was hindered to shew my Reasons.

Scripture echoes

  1. ↩John.13.34 — A new commandment I give to you, that you love one another; even as I have loved you, that you also love one another.
  2. ↩Matt.5.44 — But I say to you, love your enemies and pray for those who persecute you.
  3. ↩Luke.23.34 — Jesus was saying, "Father, forgive them, for they do not know what they are doing." And they divided his garments by casting lots.
  4. ↩Prov.3.5-Prov.3.8;Ps.34.9-Ps.34.10;Gen.22.8 — Trust in the LORD with all your heart, and do not lean on your own understanding. Prov.3.6 — In all your ways acknowledge him, and he will make straight your paths. Prov.3.7 — Do not be wise in your own eyes; fear the LORD and turn from evil. Prov.3.8 — It will be healing to your body and refreshment to your bones. Ps.34.9 — Taste and see that the LORD is good; blessed is the one who takes refuge in him. Ps.34.10 — Fear the LORD, you his holy ones, for there is no lack for those who fear him. Gen.22.8 — And Abraham said, 'God will provide for himself the lamb for the burnt offering, my son. And the two of them walked on together.

Notes

  1. 1 ↩Source 'bad' is the early modern past of 'bid' (command/urge), not the adjective 'bad'.
  2. 2 ↩Source 'Paticulars' is a clear spelling error for 'Particulars'; rendered as 'particulars'.
  3. 3 ↩Source reading "cut of my head" is treated as the intended "cut off my head" (parallel to "cut off" elsewhere in the sentence).
  4. 4 ↩Source spelling 'dye' rendered as 'die'. 'Somewhat he had to say' modernized as 'something to say' without loss of force.
  5. 5 ↩Source 'bad' = bade/commanded; 'Andrews' standardized to Andrewes (Lancelot Andrewes); 'Hookers Ecclesiasticall Politie' modernized to Hooker's Ecclesiastical Polity; 'Popery' kept for the source's polemical Protestant framing rather than flattened to a neutral paraphrase.
  6. 6 ↩Source 'Withall' rendered as 'Besides this' to keep the additive force in contemporary English.
  7. 7 ↩'Commendation' rendered as 'regards' for natural modern courtesy language; the sense remains formal greeting/remembrance, not recommendation in a modern professional sense.
  8. 8 ↩Source 'then' is the Early Modern spelling of comparative 'than' ('happier than we could have expected'); modernized as 'than'.
  9. 9 ↩'he feared also to their own souls' is an elliptical Early Modern construction; rendered as fearing for their souls (spiritual peril of their treachery), not as fear directed at them personally.
  10. 10 ↩Source 'redowned' is taken as 'redounded' (came/devolved by lawful succession). 'Upon His blessing' is rendered as a parental charge under the King's blessing. Final 'he would provide' is read as the Lord providing (biblical cadence after 'fear the Lord'); if the King is the intended provider, re-tag.
  11. 11 ↩Source 'more then' is Early Modern spelling for 'more than'; 'pretended Court' means a court claiming authority without lawful right (rendered 'so-called Court').
  12. 12 ↩Source 'meanest man' means lowest in rank/status (humblest), not cruelest; 'Wherefore' modernized to 'So' per archaism policy.
  13. 13 ↩Source ends with a stray closing bracket (']') that looks like structural/OCR debris rather than intended wording; omitted from the modern surface.
  14. 14 ↩Closing clause quotes Ecclesiastes 8:4; citation appears as the following fragmented refs (s3–s5).
  15. 15 ↩Citation fragment split across s3–s5 as Eccles. / 8. / 4.; rendered as plain modern book name.
  16. 16 ↩"the King can do no wrong" is the English legal maxim (rex non potest peccare), not a moral claim that the king is sinless; kept as the technical maxim.
  17. 17 ↩"colour" here means a plausible appearance or pretext of legitimacy, not a literal color.
  18. 18 ↩Early modern "propriety of their goods" is rendered as property in/of their goods (ownership), not moral propriety.
  19. 19 ↩"Publike Faith" is kept as "public faith": the solemn public pledge/trust of the Houses, not private religious belief.
  20. 20 ↩Source ends 'under any new' elliptically after 'raign'; rendered as 'under any new one' to keep the implied reign/order without inventing a fuller noun.
  21. 21 ↩Source 'who have supposed my power hath totally changed' is read as a that-clause (they have alleged/assumed that royal power has totally altered the ancient government). An alternate period sense of 'supposed' as 'assumed/usurped' would yield 'who have assumed my power and totally changed the ancient government'; the first reading follows the surface grammar with 'hath'.

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